Has A Third Category Of Workers Emerged Under Quebec Employment Law: "Dependent Contractors"?

In a significant decision rendered on January 5, 2018, the honorable justice Stephen W. Hamilton of the Quebec Superior Court decided that an independent worker governed by a service contract and not an employment contract was entitled to reasonable notice of termination.

Facts

In this case, Ginette Lamontagne (the “Plaintiff”) instituted proceedings against Distribution Financière Sun Life (the “Defendant”) alleging the abusive termination of her contract as a financial advisor.

Specifically, the Plaintiff acted as financial advisor to the Defendant from 2004 to 2009. Under the terms of her contract, she was to sell the Defendant’s insurance policies and investment funds in exchange for a commission. In 2009, the Defendant terminated her contract, and provided her with two weeks’ notice in accordance with the terms of the contract.