Quick Quiz-

1. Which of the following is NOT true?

(a) independent contractors can deduct their expenses for tax purposes
(b) independent contractors are covered by only some of the provisions of the Employment
Standards Act
(c) workers are more likely to be characterized as independent contractors if they own their
own tools
(d) workers are more likely to be characterized as independent contractors if they work for
more than one organization

2. A judge in Ontario is hearing a dispute over an employment contract. The lawyer representing
the plaintiff points to a case from British Columbia that covers exactly the same issue and
supports her client’s position. In this situation, this case would be:

(a) binding
(b) persuasive
(c) distinguishable
(d) none of the above

3. The Supreme Court of Canada decision in Vriend v Alberta is notable because in that decision:

(a) the court used the notwithstanding clause in the Charter to deny statutory benefits to the
claimant
(b) the court used the Charter to strike down the definition of “spouse” in the Family Law Act
(c) the court used the Charter to strike down the denial of statutory severance pay to
employees whose contracts have been frustrated because of illness or injury.
(d) the court applied the Charter to “read in” to a human rights law a category of people that a
provincial legislature had previously excluded

4. Which of the following is NOT true of agents?

(a) agents can bind an organization to a contract with customers or other parties, even
without the organization’s knowledge
(b) agents represent a “principal” in dealings with a third party
(c) agents are almost always categorized as independent contractors
(d) a human resources manager who hires a new employee is an agent

6 In the 1925 decision of Toronto Electric Commissioners v Snider, the court held that in Canada
employment law falls within:

(a) the federal government’s jurisdiction based on its authority over commerce.
(b) the provincial government’s jurisdiction based on its authority over property and civil
rights (p10)
(c) the provincial government’s jurisdiction based on its authority over labour relations
 (d) the federal government’s jurisdiction based on its authority over peace, order and good
government

7. Health and safety protections for employees working in provincially regulated workplaces in
Ontario are primarily found in Ontario’s Occupational Health and Safety Act, Health and
Safety protections for workers in federally regulated workplaces are primarily:

(a) based in the common law, rather than statute law

(b) found in the Canadian Occupational Health and Safety Act
(c) found in the Canada Labour Code (11)
(d) found in the Canadian Human Rights Act

8. In a civil action based on breach of contract, the burden of proof is on:

(a) the plaintiff to prove, beyond a reasonable doubt, all of the elements required for a
successful claim of breach of contract
(b) the defendant to prove, beyond a reasonable doubt, that she did not breach the contract
(c) the plaintiff to prove, on the balance of probabilities, all of the elements required for a
successful claim of breach of contract (Chapter 3)
(d) the defendant to prove, on the balance of probabilities, that he did not breach the contract

9. In Keenan v Canac Kitchens Limited the Ontario Court of Appeal looked at the issue of
exclusivity in the context of dependent contractors and decided that:

(a) workers will not be considered dependent contractors if a significant portion of their
income was earned working for a competitor.
(b) workers will be considered dependent contractors even if a significant portion of their
income was earned working for a competitor as long as those earnings were earned
several years before their business relationship with the defendant ended.
(c) workers will not be considered dependent contractors if any portion of their income was
earned working for a competitor.
(d) workers will still be considered dependent contractors if, looking at the totality of the
relationship, there was sufficient economic reliance on the defendant to warrant such a
finding.