Background: Stevan Peter Cvjetkovich, former Senior Vice President of Sales at Breezemax Web (Ca) Ltd., was dismissed from his position without what he claimed to be adequate notice or compensation. The absence of a formal written employment contract and the nature of the compensation and role duties led to disputes over whether Cvjetkovich was an employee or a contractor.

Legal Issue: The core legal issue centered on Cvjetkovich's wrongful termination claim and the determination of his employment status, which would affect his entitlement to damages for wrongful dismissal.

Arguments and Analysis:

• Employment Status: Cvjetkovich contended that he functioned as a dependent contractor or an employee, citing the significant control Breezemax Web exerted over his work tasks and conditions, and his economic reliance on the company.
• Contractor vs. Employee: Breezemax Web maintained that Cvjetkovich was treated as a contractor, as indicated by the manner in which taxes were processed (issuing contractor-specific tax documentation without T4 forms).

Judicial Findings: The court concluded that the relationship characteristics and the initial mutual intent pointed to a dependent contractor status, which merited termination notice.

Costs/Damages Awarded: The court awarded Cvjetkovich $81,436.46, acknowledging his status as a dependent contractor and the subsequent entitlement to damages reflecting a 12-month notice period. He was allowed to approach the Registrar for cost settlement, and Breezemax Web could contest the order with a 30-day notice.