Lawyer Monthly Magazine - September 2021 Edition

EXPERT INSIGHT 61 SEP 2021 | WWW.LAWYER-MONTHLY.COM an independent contractor. For these reasons, the relationship with an independent contractor may be more cost-effective and simpler to administer than an employment relationship. In many cases, workers may prefer to be retained as independent contractors, because this status confers on them certain independence in how they perform their work. It may also provide tax advantages. What is the typical process involved in successfully defending a class action lawsuit? Similar to other litigation, the typical process begins with a review of the originating process to analyse the procedural and substantive aspects of the case. No class action is the same; there is no single particular route to a successful defence. However, there are common Canada, adjudicators will review factors relating to the degree of control over the performance of the work and the independence of the worker. Unlike employees, independent contractors are in business for themselves and may maintain significant discretion over the performance of their services and whether they subcontract or delegate work to others. Independent contractors do not typically have the same duties of loyalty as employees, they are rarely restricted from performing work for competitive businesses, and they are not required to devote working hours and attention to the business in the same manner as employees. The distinction between an employee and an independent contractor in Canada is not substantially different from the approach in the US. Why is it generally more desirable for a company to retain independent contractors? Whether it is desirable for a company to retain independent contractors will depend on each business. In general, employees are entitled to statutory benefits and protections under minimum employment standards legislation, such as minimum wage, overtime pay, job- protected leaves of absence, notice of termination, and severance pay. Employers are obligated to make statutory deductions from wages and to remit them to the applicable government authority. Minimum employment standards legislation does not apply to the relationship between a business and an independent contractor, nor is a business typically responsible for making statutory remittances associated with the fees for the services it pays to approaches to consider, such as filing preliminary motions to dispose of the matter (for example, if the contract mandates arbitration), contesting certification, and negotiating a consent certification to narrow liability. In Ontario, the Class Proceedings Act (“the Ontario CPA”), requires that five criteria be met for a class action to be certified: (a) the pleadings disclose an identifiable cause of action; (b) there is an identifiable class of two or more persons; (c) the class members raise common issues; (d) a class action is the preferable procedure; and (e) an adequate representative plaintiff. A matter may be disposed of prior to certification through a preliminary motion, such as a motion to strike, or a defendant may contest certification at the certification motion for its failure to meet these requirements. The requirements The distinction between an employee and an independent contractor in Canada is not substantially di erent from the approach in the US.