Ontario Court of Appeal Upholds 26 Month Notice Period for Dependant Contractors

In Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 the Court upheld a 26 month notice period for a husband and wife who both worked as dependant contractors for Canac as Delivery and Installation Leaders., which were determined to be supervisory/ foreman positions. The husband had 32 years with Canac and was 63. The wife had 25 years with Canac and was 61 .

There are a few aspects of this case that are interesting;

1) The Court did not lessen the notice period because they were dependant contractors as opposed to employees.

2) Even though there were no special circumstances other than the usual Bardal factors of age, service and position, the Court had no trouble upholding a 26 month notice period, thereby shattering the myth that 24 months is a cap.

3) Most important, at least to me, is that winning counsel was Matthew Fisher  ( my son ) and his partner Bram Lecker.

42 thoughts on “Ontario Court of Appeal Upholds 26 Month Notice Period for Dependant Contractors”

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