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Independent Contractors

Presentation: "Independent Contractors, Consultants and Commissioned Salespeople"

Jurisdiction: - British Columbia

I co-presentated on "Independent Contractors, Consultants and Commissioned Salespeople" today at the BC Human Resources Management Association conference. Our presentation addressed the implications for employers/companies of entering into one relationship versus the other.

"The Employment Relationship: Independent Contractor or Employee? Defining the Scope of the Relationship and its Consequences"

McCarthy Tétrault LLP lawyers Jamie Flanagan, Rachel Ravary, Maureen Boyd have written a paper entitled  "The Employment Relationship: Independent Contractor or Employee? Defining the Scope of the Relationship and its Consequences" (March 11, 2005).

The paper discusses the following issues:

  • What are the differences between an employee and an independent contractor?
  • What are the consequences if an employer treats someone who is really an employee as an independent contractor?
  • Is notice required to terminate a relationship with a contractor, and if so, how much?
  • How do you determine who is the employer? In what circumstances may there be more than one employer?

Wrongful dismissal claim denied where employee's company had contracted with the employer

Jurisdiction: - British Columbia

The BC Court of Appeal recently held that an individual whose company had contracted with the City of Vancouver could not maintain a personal wrongful dismissal action against the City.

Mr. Zupan was the owner of Mario Zupan Trucking Ltd. (the "Company") and was the principal driver of the Company's one truck. The Company was on the City's "hired truck list" and the City had used the company's services on an almost full-time basis for several years. Among other things, the City required that all truck operators on the list meet certain licensing, safety and registration requirements and also wear certain types of clothing. In 2001, the City removed the Company from the list because of problems with the Company's back-up driver.

The Court held that Mr. Zupan could not bring a wrongful dismissal claim against the City because there was no "legal relationship" and no "employer/employer" between Mr. Zupan and the City.  read more »

"Common Employment Pitfalls Facing Technology Companies"

David Little, a lawyer at Fraser Milner Cagrain, has written a newsletter article entitled, "Common Employment Pitfalls Facing Technology Companies" (October 2003).

"Managing Relationships wih Independent Contractors"

Sector: - Film & TV

Mark E. Geiger, a labour and employment lawyer at Blaney McMurtry in Ontario, has prepared a paper entitled "Managing Relationships with Independent Contractors". The paper addresses the following:  read more »

Contractor in "intermediate category" entitled to 9 month notice period

Jurisdiction: - British Columbia
Sector: - Retail Trade

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:

Application  read more »