Contractor terminated

Court reluctant to recharacterize relationship to which the parties have agreed
|Canadian Employment Law Today

Ron Aqwa worked for Centennial Home Renovations Ltd. not in the capacity as an employee, but as an independent contractor. There was a written agreement between Mr. Aqwa and Centennial dated May 10, 1995, wherein Centennial agreed to take on Mr. Aqwa as an “independent sales agent.”

This relationship ended abruptly when Centennial terminated Mr. Aqwa on Dec. 11, 1996. The agreement contained a provision dealing with termination of the contract. It provided that either party could terminate the agreement at any time without notice or penalty. The agreement did not contain provisions for dealing with such issues as earned but unpaid commissions or bonuses and compensation for sales made but not yet booked.

Mr. Aqwa commenced an action against Centennial, claiming damages for wrongful dismissal or, alternatively, damages for breach of contract.