The distinction between employees, independent contractors, and
dependent contractors is a well-established part of Canadian
employment law. But where to draw the line between independent
contractors and dependent contractors in any given circumstance
remains contested. What level of dependency is required to turn an
independent contractor into a dependent contractor? A recent
decision of the Ontario Court of Appeal, Thurston v Ontario
(Children’s Lawyer), 2019 ONCA 640, provides some
concrete guidance.
Ms. Thurston provided legal services to the Office of the
Children’s Lawyer (“OCL”) for 13 years under a
series of fixed term retainer contracts. Her last retainer expired
in March 2015, and at that time she was told that her retainer was
not going to be renewed and to wind down her work. She claimed that
she was entitled to 20 months’ notice of termination because
she was a dependent contractor. The OCL applied to summarily
dismiss the claim, but was unsuccessful in
