CD Transport & Delivery Ltd. (CD Transport) engaged the services of Lisa to assist with local delivery of packages to businesses and residents. Lisa was expected to provide her own delivery vehicle and was paid on a per-hour wage basis and a per-mile basis for her truck. Lisa was also allowed to choose the hours she worked. CD Transport provided magnetic signs that Lisa was expected to attach to the sides of her truck. Lisa was expected to work exclusively for CD Transport and for no other delivery service in the area. Lisa billed for her work hours and services on a monthly basis.

After ten (10) years, CD Transport advised Lisa that they would no longer require her services. The notice of termination was to be effective in one months time.

Lisa, who was 60 years old, objected to the short notice and claimed that she was an employee of CD Transport.

Questions

1. Why is it important to Lisa that she be considered an employee?
2. Identify and explain three (3) arguments that Lisa may raise that she was an employee of CD Transport.
3. Identify and explain three (3) arguments that CD Transport may raise that Lisa was not an employee of CD Transport.
4. Assuming that Lisa was an employee, how many weeks of notice would Lisa be entitled to under the Employment Standards Act?
5. Assuming that Lisa was an employee, discuss the legal principles and facts that would be considered in determining the notice (or pay-in-lieu of notice) that Lisa would be entitled to receive in common law. You do not need to reach a conclusion as to how much notice (or pay-in-lieu of notice) Lisa would be entitled to.
6. Identify and explain two (2) things that CD Transport could have previously done to minimize its legal risk in connection with this case?