V.P.M. Marketing v. J.
Dependent Contractor: 20 Years Service & Fiduciary Breach
Summary
This case addresses whether the defendant was a dependent contractor owing fiduciary duties to the plaintiff, determined by 20 years of exclusive work and economic reliance. The court found the defendant breached these duties through pre-termination solicitation of clients and secretive conduct, violating the duty of honest performance. Damages were awarded for lost profits, and punitive damages were granted due to the high-handed nature of the misconduct.
Outcome
Breach of fiduciary duty and good faith established; damages awarded for lost profits and punitive damages; counterclaim dismissed.
Award
Damages awarded for four years of lost profits (reduced for increased expenditures) and $30,000 in punitive damages.
Key Factors
- dependent contractor
- fiduciary duties
- duty of good faith
- punitive damages
- lost profits
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. 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.