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ARTICLE · 27 JULY 2018

Independent Contractors Take Another Step Closer To Employees

Miller Thomson
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In Mohamed v. Information Systems Architects Inc., the defendant Information Systems Architects Inc. ("ISA") hired Mr. Mohamed as an independent contractor for a fixed term of six months.

CanadaEmployment and HR
Eric Ito
Eric Ito
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A recent decision by the Ontario Court of Appeal has brought the worlds of independent contractors and employees closer together.

In Mohamed v. Information Systems Architects Inc., the defendant Information Systems Architects Inc. ("ISA") hired Mr. Mohamed as an independent contractor for a fixed term of six months. His role was to provide consulting services to Canadian Tire on ISA's behalf.

One month after he started, Canadian Tire asked ISA to replace Mr. Mohamed after a background check revealed he had a criminal record. Instead of finding another job for Mr. Mohamed, ISA terminated him. The termination likely came as a surprise to Mr. Mohamed since he had already disclosed he had an old criminal record to ISA before he signed with them.

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