Jeffrey Donald Lanctot

The plaintiff, 1159273 Ontario Inc., brought a motion for summary judgment seeking damages for wrongful dismissal, HST, and interest, arguing it was a dependent contractor of the defendant, The Westport Telephone Company Limited.

The court analyzed the factors for determining contractor status, including exclusivity, control, provision of tools, business risk, and integration, considering the complex corporate and tax planning structures involved.

The court found that the plaintiff was an independent contractor, not a dependent one, and dismissed the plaintiff's claim.

The court also noted the plaintiff's failure to mitigate damages.

This motion addressed whether a main action and a third-party action, stemming from a property dispute involving an encroaching structure, should be heard concurrently or sequentially.

The Plaintiffs sought a combined hearing, while the Defendants and Third Parties preferred separate proceedings.

The court, emphasizing judicial efficiency and fairness, determined that the intertwined factual and legal issues, particularly concerning the appropriate equitable remedy for the admitted trespass and the allocation of financial responsibility among all parties, necessitated a single, consolidated trial.

The motion for concurrent hearings was granted to avoid multiplicity of actions and the risk of inconsistent findings.