Superior Court Rules that Employee was Misclassified as an Independent Contractor and Termination Provision Violated the ESA

News/
13 March 2019
Share
Share with your friends and colleagues
Pick one or more destinations:

In Cormier v. 1772887 Ontario Limited, Cavalluzzo lawyers Christopher Perri and Alex St. John recently represented Kelly Cormier in a wrongful dismissal action against a company doing business as St. Joseph Communications. When St. Joseph Communications terminated her employment, Ms. Cormier had worked for the company for nearly 23 years.

On a summary judgment motion, Mr. Perri and Mr. St. John successfully argued: (1) that Ms. Cormier was a dependent contractor; (2) that Ms. Cormier's contractual termination clause was unenforceable because it violated the Employment Standards Act; and (3) that certain deductions from her pay were contrary to s. 13 of the Employment Standards Act. After carefully canvassing the law of reasonable notice at common law, Justice Perell awarded Ms. Cormier twenty-one month's notice.

A link to the decision can be found here.

Recent News

News/27 May 2025

Revisiting the Universal Basic Income Pilot Project: Stephen Moreau Interviewed by Global News

"We Want Ontario to Keep Their Promise"

Stephen Moreau was interviewed by Focus Ontario: Global News outlining the class action lawsuit against the government over the cancelled universal ba... Read More
News/19 March 2025

Jackie Esmonde Quoted in Law360 Article Regarding Recent Ontario Court of Appeal Decision

Cavalluzzo LLP represented intervenor group in constitutional challenge regarding Ontario Place

Jackie Esmonde Quoted in Law360 Article Regarding Recent Ontario Court of Appeal Decision. Cavalluzzo LLP represented intervenor group in constitution... Read More
News/28 February 2025

Ryan White Quoted in Toronto Star Article

Weighing in on Ontario’s proposed gig worker laws

Ryan White was recently quoted in a Toronto Star article exploring whether Ontario should follow British Columbia’s lead in implementing minimum wage ... Read More