News & Legal Commentary

Dependent Contractors

by Lecker & Associates and Lecker & Associates | Uncategorized

Dependent contractors are a common, but rarely acknowledged worker of the business world. Whether working as a door-to-door salesman or via a numbered company, these workers always have two things in common: most of their income is derived from one contract and the nature of their business arrangements is precarious. For many small and medium-size businesses, using dependent contractors is a rapid, inexpensive, and safe way to build a sales force. Generally, dependent contractors on commission are not restricted by set hours of work, not flooded with mounds of paperwork, nor involved with office politics. Dependent contractors are also free to seek out their customers at will.

Traditionally, the law considered these workers closer to independent contractors or gig economy workers (e.g. enjoying maximum freedom, with minimal rights). The reality is that businesses using these types of workers increasingly exert more and more control over their duties such that they are seeking legal help in determining their rights when treated unfairly. Previously, this workforce had been banished to a legal netherworld in which the full protection of the law was not readily available. This grey legal status often leads the employer/digital platform to take the liberty of unilaterally reducing dependent contractors’ commission rates, changing assigned sales territories, converting their customers to “House” accounts and termination at will – all of which are highly illegal for regular employees. While an unsuitable employee could only be dismissed with reasonable notice, an independent contractor could be dismissed regardless of justification, with no severance. Previously in Ontario, a judicial determination that the salesperson was not acting as an employee was sufficient to shield the principal from liability and the independent contractor could be fired without even a wink of an eye.

Fortunately, in the case of Keenan v. Canac Kitchens Ltd., (2016), in which our firm was the counsel for the successful workers, the court settled and reaffirmed the question of devoting your full work time to one business, which is significant in determining if a person is a dependent or independent contractor. The plaintiffs, Lawrence and Marilyn Keenan began working for Canac Kitchens Ltd., in 1976 and 1983 respectively, until their employment relationship ended in 2009. Canac Kitchens Ltd. did not provide anything upon termination, because they believed that the Keenans were independent contractors. The company argued that since the Keenans worked for one of their competitors from 2006 to 2009, the Keenans were not in fact full-time contractors for one company. However, the judge found that there was a long-lasting commercial relationship between the Keenans and the company that made it look like they were employees on a substantial or at the very least high level of exclusivity. Given the history of the work relationship between the two parties, the court agreed that a high degree of exclusivity was met.

Currently, dependent contractors are not a protected class of workers under the Employment Standards Act (the “Act”). However, in our current COVID-19 pandemic workplace environment, this exclusion from the Act actually works in favour of the legion of workers that can now be properly classified as dependent contractors. At the beginning of the pandemic, the Ontario government introduced the Infectious Disease Emergency Leave (“IDEL”), which allowed workers protected by the Act a new avenue for taking paid and unpaid leave due to reasons related to COVID-19. Unfortunately, the Act also allowed employers to take advantage of IDEL by using it to place employees on an almost indefinite unpaid leave of absence. These employees continue to be denied their rightful legal entitlements, even though these rights are supposed to be guaranteed by the Act. Luckily, dependent contractors aren’t subject to IDEL and won’t have to face the possibility of being unilaterally placed on unpaid leave for an unknown period of time.

If you have any doubts about the way you are being treated by your employer, call us. Our team of experienced Toronto Employment Lawyers at Lecker & Associates will assess your situation and provide legal advice to support you.

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Jose Duran
2026-10-18
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This is the second time I have turned to Lecker & Associates for assistance with a work-related legal matter, and once again, the experience has exceeded my expectations. Counsel Jordan Reiner provided exceptional support throughout the process, demonstrating a thorough and thoughtful assessment of my situation, sound guidance grounded in experience, and a genuinely client-centered approach. He took the time to understand the circumstances, clearly explained my options, and provided the professional guidance and reassurance needed to navigate the matter with confidence. Thanks to his expertise, diligence, and commitment to achieving the best possible outcome, my legal matter was resolved successfully. It is reassuring to know that I can rely on a firm that combines legal expertise with a genuine commitment to its clients. I highly recommend Counsel Jordan Reiner and Lecker & Associates to anyone seeking knowledgeable, professional, and results-oriented legal representation, particularly in employment-related matters. Their consistent quality of service is the reason I have returned to the firm, and I would not hesitate to seek their assistance again.
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Barbara M.
2026-10-09
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I had a great experience and outcome with the help of Nathan Whitteningham-Paralegal. He was professional and knowledgeable. He was always available to answer my many questions, explained my rights, and outlined the best approach to handle my situation with confidence. Though it felt like an eternity, Nathan was able to wrap up matters in quick order. I highly recommend his services.
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Yashraj Gandhi
2026-10-08
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I had an excellent experience working with Jordan Reiner and Ashley Hussey on my case. They were professional, knowledgeable, responsive, and genuinely supportive throughout the process. I truly appreciate their dedication and the quality of service they provided. Highly recommended!
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xi li
2026-10-07
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I had a very positive experience with Lecker & Associates throughout my employment matter. Ashley Hussey and Ms. Ponniah were both professional, responsive, knowledgeable, and supportive throughout the process. They explained the process clearly, kept me informed, and handled my matter with care and professionalism. I truly appreciate their hard work and guidance, and I would recommend Lecker & Associates to anyone looking for professional assistance with an employment matter.
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Syrrel Cabiling
2026-10-07
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I had the pleasure of being represented by Soniya regarding my employment matters. Soniya, Ashley, and Melissa were prompt, organized, and responsive throughout the process, ensuring that all of my questions and concerns were addressed. I truly appreciated their professionalism, guidance, and commitment to protecting my best interests. I would highly recommend their services.
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Uma Seetal
2026-10-03
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I’m extremely grateful for all the help and guidance I received with my employment matter. Matthew Fisher was incredibly knowledgeable, supportive, and genuinely dedicated to fighting for me. They took the time to explain everything clearly, answer all of my questions, and guide me through every step of the process. Eslita was excellent — very responsive, organized, and proactive with communication, which made everything feel smooth and well-managed. I truly appreciate the time, effort, and care that went into my case. I would absolutely recommend Matthew to anyone who needs someone knowledgeable and committed to fighting for their rights.
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Joanne Bissonnette
2026-09-25
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Awesome Team ⭐⭐⭐⭐⭐ "Thank you so much to Soniya Ponniah and Ashley Hussey at Lecker & Associates. You provided wonderful support, guidance, and clear communication throughout this employment law matter. Your exceptional legal counsel and strategic management led directly to a successful and highly agreeable resolution. I highly recommend your legal services. Thank you again!"
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Terrion Linton
2026-09-23
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⭐⭐⭐⭐⭐ Excellent Employment Law Firm I had an excellent experience working with Lecker & Associates regarding an employment matter. From the beginning, I was treated with professionalism, respect, and genuine care. I would especially like to thank Ms. Soniya Ponniah and Ashley Hussey for their outstanding guidance, communication, and support throughout the entire process. They took the time to answer my questions, kept me well informed, and made sure I understood each step along the way. Their professionalism and attention to detail gave me confidence that my matter was in capable hands. What stood out to me most was how responsive, knowledgeable, and respectful they were. Dealing with an employment matter can be stressful, and having experienced professionals supporting and guiding you makes a significant difference. I am extremely grateful for the service I received and would confidently recommend Lecker & Associates to anyone seeking professional and knowledgeable employment-law assistance. A sincere thank you to Ms. Soniya Ponniah, Ashley Hussey, and the entire Lecker & Associates team for your exceptional service, professionalism, and support.
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Moumita Tasmin
2026-09-16
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I had a helpful and informative consultation with Nathan Whittingham. He was professional, attentive, and took the time to explain my options clearly. The consultation is a paid service, but I found the guidance valuable and appreciated his time and professionalism.
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Conor Quenneville
2026-09-08
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Mr. Whittingham has incredible to work with regarding my employment matter. I have been thoroughly impressed by his legal knowledge, insight, professionalism and strategy. He’s been instrumental in helping me navigate my issue. Nathan has helped me every step along the way while we traverse the case. Ultimately helping me find a tailored legal solution that best fits my case. I can’t recommend Nathan Whittingham enough along with the rest of the Lecker and Associates team. Thank you for helping me navigate this stressful legal situation.

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