Swann Law Win: Elder ats Sothebys

On a summary judgment motion, the brokerage argued that a clause in its contract allowed it to terminate without cause at any time, as long as it notified the real estate agent in writing. The contract also allowed it to terminate with cause, immediately, and without notice.

The Judge agreed with us that the without cause termination provision was ambiguous and therefore should be struck out, and that our client should be paid the 11 month balance of his contract.

The Judge made no determination regarding our submission that our client was a dependent contractor, as the terms of the contract governed his entitlement, regardless of whether he was an independent or dependent contractor.

The case serves as an important reminder to employers about the potential consequences of terminating fixed-term agreements, even for independent contractor.

Tap the link to read the decision: Elder v. Max Wright Real Estate, 2023 ONSC 5661 (CanLII)