Latest Posts

When “Independent Contractor” Isn’t – Lessons for Physicians from Northern Health Authority v. du Plessis

July 10, 2026
Susan Kootnekoff
Image: "physician" by Yuya Tamai is licensed under CC BY 2.0.

Physicians working under service agreements often have contracts that state that they are independent contractors. However, this label is not determinative. In Northern Health Authority v. du Plessis, a pediatrician recovered $388,582 after his contract was terminated amid fears relating...

When the Victim Is a Child – Coercive Control After Ahluwalia

May 26, 2026
Susan Kootnekoff
Image: Pexels, Mehmet Ali Turan

The majority of the Supreme Court of Canada’s decision in Ahluwalia v. Ahluwalia, 2026 SCC 16 fundamentally redefines how Canadian tort law understands domestic abuse, and paves an important path forward for victims. For the first time, the Supreme Court of...

$600,000+ Human Rights Award Upheld Against City of Nanaimo Despite Alleged Misconduct

May 18, 2026
Susan Kootnekoff
1327-Nanaimo City Hall (2)

A recent British Columbia Court of Appeal decision is a significant reminder that workplace discrimination can exist even where an employer believes it had legitimate grounds for discipline or even dismissal. In September 2015, the City hired Victor Mema as its...

Employee, Independent Contractor or Dependent Contractor?

May 7, 2026
Susan Kootnekoff
Image: Independent contractor agreement on office desk beside pen and glasses

Canadian businesses sometimes characterize a working relationship as an “independent contractor” arrangement. However, courts and regulatory tribunals will generally look beyond the label to determine the true nature of the relationship. The consequences of getting it wrong can be significant...

Mass Layoffs in British Columbia – What Long Serving Employees Need to Know

April 16, 2026
Susan Kootnekoff

When an employer terminates 50 or more employees from a single location within a two-month period, the British Columbia Employment Standards Act (the “ESA”) imposes additional obligations. These “group termination” provisions are frequently underappreciated by employees who have shown incredible loyalty...

Employee Class Actions On the Rise in Canada

April 7, 2026
Susan Kootnekoff
Image: Photo by Artem Podrez from Pexels

In February, 2020, Mr. Paul Cheetham filed a class action lawsuit on behalf of two groups of Bank of Montreal (BMO) employees: private wealth consultants (“PWCs”) and mortgage specialists (“MSs”), the class members. In Cheetham v. Bank of Montreal, 2023...

Why the Best Settlement Strategy is Being Ready for Court.

December 31, 2025
Susan Kootnekoff

When people call me asking for help with a settlement after having been terminated, my answer sometimes surprises them. The most effective way to extract a strong settlement is not by posturing for settlement alone, but by proceeding decisively toward...

Constructive Dismissal in Canada- Legally Terminated Without Being Fired

December 12, 2025
Susan Kootnekoff

Constructive dismissal occurs when an employee is not formally terminated, but the employment relationship is nonetheless brought to an end in the eyes of the law. This can arise from the employer unilaterally making a single fundamental change, or from...

Leading Canadian Court Decisions – Bardal v. Globe & Mail

November 20, 2025
Susan Kootnekoff
Image, "Old printing press" by sridgway is licensed under CC BY 2.0.

Bardal v Globe & Mail is one of Canada’s most important employment law precedents. Although it is an Ontario court decision, its approach has been approved by the Supreme Court of Canada. Facts After serving as the assistant advertising manager of the...

How Severance Pay is Determined in Canada

October 29, 2025
Susan Kootnekoff

An employee who is fired without just cause is entitled to reasonable notice of termination or severance pay instead of that notice. Determining how much severance an employee is entitled to depends on several factors including legislation, the common law,...