In Leibreich v Farmers of North America ( 2019 BCSC 1074 ) Russell J., having found that the plaintiff during her 14 years of service was first a dependant contractor and then an employee had this to say about the defendants’ argument that as she was a dependant contractor for some of her time the notice period should be automatically reduced:
106. In my view, there is no principled basis to automatically give less notice to a dependent contractor than an employee; rather, the fact that a plaintiff is a dependent contractor can be analysed in relation to the first Bardal factor: the character of the work. While it may be the case that the character of a dependent contractor’s work will be less integral and structurally or organizationally embedded than that of an employee, it is this substantive connection and character of the employment that ought to be the focus of the analysis, and not merely the plaintiff’s formal status or designation.
In Ontario, this has been settled case law since at least 2016, as noted by the trial judge in this quote: