I wrote last year about the Ontario Superior Court of
Justice's decision in the case of Keenan v. Canac
Kitchens (a link to same can be found here:
http://www.employmentandlabour.com/?s=Canac). Last
week the Ontario Court of Appeal upheld the Superior Court's
decision in Canac, and added some additional guidance with respect
to the law surrounding dependent contractor relationships.
First, a quick reminder as to the facts of this particular
case. Lawrence and Marilyn Keenan were employed by Canac
Kitchens beginning in 1976 and 1983 respectively. In 1987,
both were advised that their employment was coming to an end but
that they could carry on as independent contractors. An
independent contractor agreement was signed by Marilyn and the
Keenans carried on as before. They continued working for
Canac until the company closed its operations in 2009. No
notice of termination or pay in lieu of notice was provided.
