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Summary judgment granted dismissing wrongful dismissal claim; real estate salespersons cannot employ other salespersons.
The defendant, a real estate salesperson, brought a motion for summary judgment to dismiss the plaintiff's wrongful dismissal action.
The plaintiff, also a salesperson at the same Re/Max brokerage, claimed she was the defendant's employee or dependent contractor for 17 years.
The court granted the motion and dismissed the action, finding that the Trust in Real Estate Services Act prohibits a salesperson from employing another salesperson or accepting remuneration from anyone other than their brokerage.
Furthermore, the objective facts demonstrated the parties merely had an agreement to share commissions as independent contractors, and the plaintiff did not meet the common law tests for employment or dependent contractor status.
Defendant attorned to Ontario jurisdiction by participating in mandatory mediation; noting in default set aside.
The plaintiff brought a motion to lift the defendant's noting in default and for a litigation timetable in a wrongful resignation action.
The defendant, residing in the Netherlands, argued she was not properly served under the Hague Convention and sought to stay the proceeding.
The court found that the defendant had attorned to the jurisdiction of Ontario by unconditionally participating in mandatory mediation.
The court also noted the defendant's significant delay in bringing her motion to set aside service.
The plaintiff's motion was granted, the default was set aside, and a timetable was ordered.
