The Canada Industrial Relations Board has examined for the first time how the concept of an 'independent contractor' should be applied when determining the status of an 'artist' under the Status of the Artist Act. The board also examined the intended scope of a universal bargaining unit and confirmed that this may vary depending on the context. The decision has opened the door to a more contextual interpretation of an 'independent contractor' in certain circumstances.
Major Supreme Court decisions have already established that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator. But what if a dispute involves not only a unionised employee and an employer, but also other employees? The Quebec Court of Appeal recently held that the arbitrator has exclusive jurisdiction over almost every category of employment-related dispute.