A few years into my litigation practice, a partner in the Toronto law firm where I worked asked me to conduct a trial for the brother-in-law of his legal assistant. The brother-in-law, John, was an independent contractor whose contract had been terminated by a large corporation. John sued the company, claiming that he was an employee rather than an independent contractor and thus was entitled to receive reasonable notice of the termination of his contract.
At trial, John testified about the details of his relationship with the company. After the briefest of deliberations, the judge gave oral reasons dismissing John’s claim. Looking down, disapprovingly at John, the judge said, “I find John’s testimony to be quite phantasmagorical”.
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Before I get underway with this week’s Two for Tuesdays, I have to say how saddened I am over the loss of Robin Williams. My thoughts are with his friends and family at this impossibly difficult time. He brought us such joy, showed us how to be kind and giving, and will be so deeply missed by so many.
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