Dependent contractors are becoming an increasing portion of the
working population, and an Ontario court recently confirmed that
protections available to them are at the top end of the scale.
In the case of Keenan v. Canac Kitchens, 2015 ONSC 1055,
the Ontario Superior Court of Justice considered a case where a
married couple (the "Keenans") had worked as installers
and foremen with Canac — a manufacturer, distributor,
and retailer of kitchen cabinets and accessories — since the
mid-1970s. In March of 2009, the Keenans were informed that their
services would no longer be required, as Canac was closing its
doors. No notice or pay in lieu was given.
The Keenans brought an action for wrongful dismissal, asserting
that they were dependant contractors and as such, were owed notice
or pay in lieu. Canac argued that the Keenans were independent
contractors because they were paid by invoice rather than salary,
and also had subcontractors working under them.
