Cormier v. 1772887 Ontario Limited (St. Joseph Communications)
Dependent Contractor Wrongful Dismissal: 21 Months Notice
Summary
This is an appeal from a motion judge's decision in a wrongful dismissal action involving a respondent who worked as a dependent contractor and later as an employee. The Court of Appeal upheld the findings that the respondent was a dependent contractor, affirmed the award of 21 months' notice, and confirmed the termination clause was unenforceable under the Employment Standards Act.
Outcome
appeal dismissed
Award
21 months' notice; 10% of base salary for loss of benefits; damages for cellphone allowance
Key Factors
- wrongful dismissal
- dependent contractor status
- reasonable notice
- termination clause enforceability
- ESA compliance
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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.