Court of Appeal for Ontario

Citation: Allen v. Cross Country Enterprises Inc., 2007 ONCA 534

Date: 20070719

Docket: C44646

Before: LASKIN, MACFARLAND JJ.A. and BENOTTO J. (ad hoc)

Between:

NATASHA ALLEN

Plaintiff (Appellant)

and

CROSS COUNTRY ENTERPRISES INC., HUGH MCMASTER and FRANCOISE MCMASTER

Defendants (Respondents)

Counsel:

David A. Reid for the appellant

Ross R. Nicholson for the respondents

Heard and released orally: July 18, 2007

On appeal from the judgment of Justice Edward R. Browne of the Superior Court of Justice dated November 17, 2005.

APPEAL BOOK ENDORSEMENT

[1] There was ample evidence upon which the trial judge could make a finding that Ms. Allen was an independent contractor and not an employee.

[2] The appeal is therefore dismissed. Costs to the respondents are fixed at $10,000, all inclusive.