Though Not An Employee, A Contractor May Still Be Entitled To Notice

Dibble v. Creative Music Therapy Solutions Inc., 2024 BCSC 1066 (“Dibble”) is a relatively lengthy case dealing with a whole assortment of employment-related issues. Of note, Justice Loo addressed the issues of:

1. Whether the individual in this case was an employee or contractor;
2. Whether the individual in this case was entitled to reasonable notice if they were a contractor;
3. Whether the company had just cause to terminate Ms. Dibble;
4. Whether a restrictive covenant (in this case, a non-solicit and non-compete) was enforceable; and
5. The duty to mitigate (i.e. an employee's obligation to take reasonable steps to find replacement employment) and avoided loss (i.e. the idea that replacement income during the notice period should be deducted from the award).