Finding common ground

Ontario Court of Appeal clarifies test for common employer liability among corporate entities

Finding common ground

The Ontario Court of Appeal’s recent decision in O’Reilly v. ClearMRI Solutions Ltd. provides important clarification as to the scope and application of the common employer doctrine in connection with claims for employment entitlements. In particular, O’Reilly confirms that the concept will only apply where there is evidence of an intention to create an employer-employee relationship between an individual and the related corporation in question.

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