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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Wise Law Blog  2. Michael Geist 3. Law of Work  4. FamilyLLB  5. McElroy Law Blog

Wise Law Blog
Employee or Contractor? Apply the Duck Test…

How do Ontario Courts determine if someone is really a contractor or an employee? It may surprise you to learn that the answer is actually quite simple and straightforward. Just apply the duck test: If it looks like a duck, swims like a duck and quacks like a duck, then lo and behold, it probably is a duck. In other words, if the “contractor” works like an employee, is managed like an employee, and overall appears to be like an employee, chances are this “contractor” is actually an employee under Ontario employment law. …

Michael Geist
Never Again: A Comment on U.S. Immigration and The Need for a Canadian Response

This blog is normally limited to digital law and policy issues, such as privacy, copyright and the Internet. Not today. These are not normal times. The events in the United States over the past few days involving the creation of an executive order with a thinly-veiled Muslim ban demand a response. While some politicians have tried to avoid comment by arguing that this is an internal U.S. matter, the far-reaching implications for the world and for the millions of people whose lives are at stake does not allow for such an easy out. …

Law of Work
This Blog is Under Construction

I’m excited to say that the third and final part of my book The Law of Work is nearing completion. That part deals with The Collective Bargaining Regime. The book including the other two regimes–Common Law and Regulatory Standards–was published last year and is already being widely used at colleges and universities across the country. The final instalment on collective bargaining law and industrial relations should be out late fall. …

FamilyLLB
If a Biological Parent is Paying Child Support, Does a Step-Parent Still Have to Pay?

In Stetler v. Stetler, the mother and had a child with a man (the biological father). The mother then married a second man (the step-father), and the relationship lasted eight years before they separated. During that entire time, the step-father treated the girl as his own, and supporter her financially as part of his role in the new family. Meanwhile, the mother was still receiving child support from the girl’s biological father, even though he had never seen or even met his daughter. …

McElroy Law Blog
January 2017 Criminal Law Round-up

Despite the overwhelming barrage of news coming from the U.S., there have been plenty of important cases and stories in criminal law here in Canada. News: Toronto citizen Waseed Khan filmed the arrest and tasing of a man by the Toronto Police and was told by police that they would seize his phone and that he was going to get HIV from the arrestee spitting in his face. Mr. Khan has filed a complaint with the Ontario Independent Police Review Director to investigate the officer’s behaviour. …

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*Randomness here is created by Random.org and its list randomizing function.

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