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In Keenan v Canac Kitchens Limited the Ontario Court of Appeal looked at the issue of exclusivity in the context of dependent contractors and

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In Keenan v Canac Kitchens Limited the Ontario Court of Appeal looked at the issue of exclusivity in the context of dependent contractors and decided that: (a) workers will not be considered dependent contractors if a significant portion of their income was earned working for a competitor (b) workers will be considered dependent contractors even if a significant portion of their income was earned working for a competitor as long as those earnings were earned several years before their business relationship with the defendant ended. (c) workers will not be considered dependent contractors if any portion of their income was earned working for a competitor. O(d) workers will still be considered dependent contractors if, looking at the totality of the relationship, there was sufficient economic reliance on the defendant to warrant such a finding

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