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ARTICLE · 21 AUGUST 2006

Information Technology Law Q&A

Do Computer Casual Contractors Have Limited Responsibility?

CanadaMedia, Telecoms, IT, Entertainment

Q : Do Computer Casual Contractors Have Limited Responsibility?
A : In the information technology industry, individuals with valuable skills and knowledge often work as independent contractors based on a handshake and no written agreement. A very recent decision of the Ontario Court of Appeal highlights the risks to information technology companies of such arrangements1.

The case involved a computer professional who worked as an independent contractor for a company that was in the business of providing technical support services, including services to a particular client. The company had an agreement with its client and arranged for the contractor to provide the contracted services. After a time, the client hired the contractor directly, cutting out the technical support services company, thereby losing it the profits on the services agreement.

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