2 total
Dependent contractor status triggered 26 months’ notice after decades of exclusive service.
The plaintiffs, long-time kitchen cabinet delivery and installation workers who had been reclassified from employees to purported independent contractors in 1987, sought damages after termination without notice.
The court held that the relationship fell within the intermediate category of dependant contractors, emphasizing the plaintiffs’ near exclusivity, the defendant’s effective control, the integration of their work into the defendant’s business, and the absence of any real entrepreneurial opportunity.
Having regard to their long prior service and the overall relationship, the court awarded 26 months’ reasonable notice damages.
The action against one incorrectly named corporate defendant was dismissed without costs.
Appeal of reaccreditation denial dismissed; Board's decision found correct and procedurally fair.
The appellant appealed a decision by the Board of Directors of the respondent denying its reaccreditation as a member agency.
The Divisional Court determined the standard of review was correctness.
The court found that the respondent followed its own procedures fairly, and there was ample evidence to support the denial of reaccreditation due to the appellant's non-compliance with accreditation standards.
The appeal was dismissed with costs awarded to the respondent.
