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ARTICLE · 06 JANUARY 2026

Will 2026 See The End Of Driver Inc.?

Gardiner Roberts LLP
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Worker misclassification is an ongoing issue in many workplaces and industries. Both provincial and federal employment standards legislation include prohibitions...

CanadaLitigation, Mediation & Arbitration
Carole McAfee Wallace
Carole McAfee Wallace
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Worker misclassification is an ongoing issue in many workplaces and industries. Both provincial and federal employment standards legislation include prohibitions against employers treating workers as independent contractors, if they are employees. Section 5.1(1) of the Ontario Employment Standards Act, 2000 provides that "[a]n employer shall not treat, for the purposes of this Act, a person who is an employee of the employer as if the person were not an employee under this Act." The Canada Labour Code includes a presumption that a worker is an employee, unless the employer can prove otherwise. Section 167.01(1) states "[a] person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer". Section 167.1 further states "[a]n employer is prohibited from treating an employee as if they were not their employee."

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