Background Facts: Christine Dibble, a music therapist with Bachelor’s and Master’s degrees in music therapy, worked for Creative Music Therapy Solutions Inc. (CMTS) from 2010 to 2022. She operated her own business, “Music for Life,” and provided services under a contract with CMTS. In October 2022, CMTS terminated Dibble's contract, citing unprofessional conduct and her independent work at a client facility.

Legal Arguments/Issues: The court addressed the legal nature of Dibble's relationship with CMTS, determining whether she was an employee, independent contractor, or dependent contractor. It examined whether Dibble was wrongfully dismissed or if the termination was justified. The court needed to establish the appropriate notice period if the dismissal was wrongful and considered the damages owed, including mitigation principles. The court also evaluated claims for aggravated or punitive damages and assessed the enforceability of non-competition and non-solicitation clauses in Dibble's contract.

Court's Ruling: The court ruled that Dibble was a dependent contractor. It found that CMTS did not have just cause to terminate Dibble’s contract. Dibble was entitled to 12 months of reasonable notice. The court awarded Dibble $12,090 in damages for wrongful dismissal, considering the avoided loss. Claims for aggravated and punitive damages were dismissed as CMTS did not act in bad faith. The non-competition and non-solicitation clauses were deemed unenforceable due to ambiguity and excessive scope.

Costs/Damages Awarded: Christine Dibble was awarded $12,090 in damages for wrongful dismissal and $11,000 in costs, exclusive of taxes and disbursements.