Nasyr Asmi

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.

The plaintiff, a long-term senior employee, brought a motion for summary judgment seeking damages for wrongful dismissal, including a 24-month notice period, bonus, benefits, and unpaid vacation pay.

The defendant employer argued for a shorter notice period and that the plaintiff failed to mitigate losses.

The court granted summary judgment, finding the plaintiff was entitled to a 24-month notice period, full bonus, benefits, and a portion of the claimed unpaid vacation pay, rejecting the employer's mitigation defence and bonus exclusion clauses.