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ARTICLE · 31 JULY 2015

What If Your Independent Contractor Is Really A Dependent Contractor?

Dentons Canada LLP
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Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship.

CanadaEmployment and HR
Catherine Coulter
Catherine Coulter
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Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship. A recent case has confirmed that that assumption can be a risky one to make.

Earlier this year, the Ontario Superior Court of Justice released its decision in the case of Keenan v. Canac Kitchens. For those familiar with employment law in Ontario, the name Canac Kitchens will be familiar as it has been on the losing end of a number of employment law cases.

In 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. Independent contractor agreements were signed and the Keenans carried on as before. They continued working for Canac until the company closed

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