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Appeal dismissed; independent contractor entitled to balance of fixed-term contract where early termination clause not invoked.
The appellant appealed a Small Claims Court decision awarding the respondent damages for the wrongful termination of a six-month fixed-term consulting contract.
The appellant argued that damages should be limited to the two-week early termination notice period provided in the contract, and that the respondent had a duty to mitigate.
The Divisional Court dismissed the appeal, finding that the appellant never actually invoked the early termination clause until two days before the contract expired, effectively keeping the respondent on call.
The court upheld the trial judge's finding that the respondent was entitled to the balance of the fixed-term contract price without a duty to mitigate.
Hearing adjourned on consent to allow applicant to request amendment of application regarding employment termination.
The applicant sought to file a new application relating to the respondent's termination of his employment.
On consent of the parties, the Tribunal adjourned the scheduled hearing following mediation-adjudication.
The Tribunal directed that the applicant may file a request to amend the current application instead of filing a new one, after which the respondent may respond and potentially request a deferral pending an ongoing grievance.
Request to amend human rights application to add financial compensation granted on consent.
The applicant filed a Request for an Order During Proceedings to amend the application by adding a request for financial compensation.
The respondent consented to the request.
The Tribunal granted the request to amend the application, noting it was doing so without commenting on whether the requested remedy was available.
