Previously printed in the LexisNexis Labour Notes
Newsletter.
In the recent decision of Dibble
v. Creative Music Therapy Solutions Inc., 2024 BCSC
1066, the B.C. Supreme Court provided a helpful reminder that a
long-term contract with a worker can result in the worker being
categorized as a “dependent contractor” who is entitled
to reasonable notice on termination of the contract. The
Court also provided a reminder that a restrictive covenant is held
to a high threshold to be enforceable.
Background
Creative Music Therapy Solutions Inc. (“CMTS”)
provides music therapy services in various facilities.
Christine Dibble, who is an accredited music therapist,
worked with CMTS from 2010 until her contract was terminated in
October 2022. Notwithstanding her long tenure with CMTS, the
contract was terminated without any amount of termination notice or
pay in lieu thereof. She sought legal recourse.
