Saturday, April 27, 2013

"a contract for services by an independent contractor can be terminated at will and without notice"

McCready v. De Dwa Dehs Neys, 2013 ONSC 2425 holds:

[46]           It is clear from judgments across the country that a true independent contractor like the Plaintiff, who is free to pursue other contracts during the course of his retainer, is treated differently upon termination than an employee. Whereas an employee deserves reasonable notice or pay in lieu of notice, "absent a provision to the contrary, a contract for services by an independent contractor can be terminated at will and without notice." Drew Oliphant Professional Corporation v Harrison2011 ABQB 216 (CanLII), 2011 ABQB 216, at para 72 (Alta QB).

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Thank you for posting. I like the balance in the judgement, the acknowledgement of the egregious behaviour of the defendant, and the award of reasonable damages given the context of the contract.

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