The appellants appealed a trial judgment dismissing their claim for constructive dismissal damages of $25,000.
The trial judge found that the individual appellant was an independent contractor, not an employee or dependent contractor, based on factors including his ability to set his own hours, his work for other clients, and his use of his own corporation.
The Divisional Court dismissed the appeal, finding no error in the trial judge's application of the legal test or her credibility findings preferring the respondent's evidence.
