Barb Cornish, at Singleton Urquhart in Vancouver, has published an article entitled, "Independent, Dependent or Employee -- How Would you Describe Your Contractor?" (April 12, 2010).
The article discusses the Ontario Court of Appeal's December 2009 decision in McKee v. Reid's Heritage Homes Ltd., 2009 ONCA 916, in which the court reaffirmed:
- the existence and definition of the dependent contractor relationship; and
- that such individuals are owed reasonable notice (or payment in lieu) on termination.
In Marbry et al. v. Avrecan International Inc., 1999 BCCA 172, the majority of the BC Court of Appeal ruled that a contractor in the "intermediate category" was entitlted to 9 months notice that the relationship would be terminating.
In reaching this conclusion, the majority of the court stated:
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