ABSTRACT
In a separate, related paper, we reveal and criticize an important ‘methodical error’ which is commonly made in labour law jurisprudence. In this paper, we undertake a review of the attempts by Canadian and UK legislators and decision makers to overcome some of the problems of applying labour law’s traditional orthodoxy in the face of an ever more complex world by creating new categories ‘in between’ the existing classes of employees and independent contractors. These attempts often fail precisely because they perpetuate the traditional approach and its methodological error, maintaining its perverse incentive structures. Our advice: ‘Don’t mess with Mr In-Between’.
Brian Langille and Ben Mayer-Goodman, Don’t Mess with Mr In-Between (2025) 48:1 Dalhousie Law Journal.
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