Question
The appellant Dylan Homes is licensed by the province of Ontario to operate foster homes and group homes through which it provides care for children
The appellant Dylan Homes is licensed by the province of Ontario to operate foster homes and group homes through which it provides care for children who have serious behavioural and development disorders. These services are delivered by numerous individuals retained by Dylan Homes, including child and youth workers, social workers, certified therapists and psychologists including Ms. Rogers. Ms. Rogers provided services in the foster homes as an area supervisor as well as a child and youth worker. When she began working with Dylan Homes, she signed a contract dated July 7, 2008. The contract specified that she would be working as a child care worker and acting as an independent contractor remunerated on the basis of an hourly rate of $14 paid upon submission of invoices. She was also paid a flat rate of $150 for overnight relief services and $300 for weekend relief services. Certain transportation payments were also provided under the contract. The contract was for an indeterminate period of time, but could be terminated by Ms. Rogers upon a 14 day notice and by Dylan Homes at any time "for cause". The contract also stipulated that, as an independent contractor, Ms. Rogers "shall not be entitled to any benefits and shall be responsible for payment of all necessary remittances, including Canada Pension Plan, Employment Insurance and Provincial and Federal Taxes". It also stipulated that "nothing in this agreement shall be construed so as to restrict in any way the freedom of the Independent Contractor(s) to conduct any other business or activity for his/her individual profit." Ms. Rogers also acted as an area supervisor for Dylan Homes. Her remuneration as supervisor was based on a per diem rate for each child resident within a home under her supervision. Payment was effected upon presentation of monthly invoices. She was deemed by Dylan Homes to be an independent contractor when acting as a supervisor. 1) Would Ms. Rogers be successful in claiming wrongful dismissal if she was terminated without notice and without cause? (6 marks) 2) Would Ms. Rogers be entitled to operate another group home that competed with Dylan Homes for funding (ensure your positions are consistent in both questions)? (6 marks) For both questions, ensure you take a position, consider counter arguments and defend your position. Please limit your response to a maximum of 500 words.
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