In the recent Court of Appeal's decision in
Keenan v. Canac Kitchens, employers are
again reminded of the potential liabilities associated with
cavalier characterization of workers as "independent
contractors".
Mr. and Mrs. Keenan worked for Canac as "Delivery and
Installation Leaders" for 32 and 25 years in duration,
respectively. At some point, Canac had characterized them as (and
they signed contracts as) "independent contractors".
When Canac terminated its relationship with the Keenans in March
2009, it did not provide them with any notice of termination or
payments instead, consistent with their characterization as
independent operators. The Keenans sued.
Both at trial and appeal, the Court found that the Keenans had
been sufficiently "economically dependent" on Canac
(between 75% and 95% of their gross income, depending on the year)
so as to be "dependent" contractors and therefore
entitled to reasonable notice of termination or pay instead, just
like
