2 total
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.
Motion to add defendant granted; COVID-19 regulation effectively suspended the limitation period.
The plaintiff brought a motion for leave to amend her statement of claim to add a corporate entity as a defendant in a wrongful dismissal action.
The responding parties opposed the motion, arguing that the applicable two-year limitation period had expired and that the revocation of Ontario Regulation 73/20 rescinded the COVID-19 limitation period suspension.
The court rejected this argument, finding that the limitation period was suspended from March 16, 2020, to September 14, 2020, and had not yet expired.
The motion to add the defendant was granted.
