Jack Ganz Consulting Ltd. v. Recipe Unlimited Corporation

2020 ONSC 3319 (CanLII)Decided Wrongful dismissal

Consulting Agreement: Dependent Contractor Status Denied

Summary

This is a civil procedure ruling on summary judgment in a dispute over a consulting agreement. The plaintiff, Jack Ganz Consulting Ltd., claimed to be a dependent contractor entitled to common law reasonable notice upon termination, but the court found the plaintiff was an independent contractor with no economic vulnerability or exclusivity. The claim for reasonable notice was dismissed as statute-barred under the Limitations Act, 2002, while the breach of contract claim was not statute-barred.

Outcome

Claim for reasonable notice dismissed as statute-barred; breach of contract claim not statute-barred; summary judgment granted for defendant on notice claim.

Key Factors

  • dependent contractor
  • common law reasonable notice
  • statute-barred
  • summary judgment
  • waiver of contractual rights

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.