Is a plaintiff an independent contractor according to the employer?
British Columbia, Canada
The following excerpt is from Beggs v. Westport Foods Ltd., 2010 BCSC 833 (CanLII):
In the 2006 decision of Tajarobi v. Corporate Couriers Ltd., the plaintiff was an independent contractor according to the employer. He had begun as a driver, and then had obtained his own route. The court found that the plaintiff was an independent contractor, but mitigation was in issue. The plaintiff declined the employer’s offer to work as a same day courier, because it meant less money. The court found that it was unreasonable for the plaintiff to refuse this offer.
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