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Small Claims appeal dismissed; finding of dependent contractor status upheld based on near-exclusive economic dependency.
The appellant short-term rental business appealed a Small Claims Court decision awarding the respondent damages for reasonable notice after finding he was a dependent contractor.
The appellant argued the Deputy Judge erred in applying the dependent contractor test and in relying on invoices rather than tax forms to establish economic exclusivity.
The Divisional Court dismissed the appeal, finding no procedural unfairness as the documents were produced in advance, and no palpable and overriding error in the Deputy Judge's conclusion that the respondent's work was near-exclusive.
