The defendant, the Office of the Children’s Lawyer (OCL), brought a motion for summary judgment to dismiss the plaintiff's claim for notice or payment in lieu of notice upon the expiry of her contract.
The central issues were whether the plaintiff was a dependent or independent contractor and, if dependent, whether she was entitled to notice despite a fixed-term contract.
The court found the plaintiff to be a dependent contractor, considering the 13-year continuous relationship, the integral nature of her work for the OCL, public perception, and the OCL's control, despite her OCL income averaging less than 50% of her total billings.
The court also rejected the argument that fixed-term contracts preclude notice in this context due to the repeated renewals.
The motion for summary judgment was dismissed.
