In Salina v. Investors Group Financial Services Inc., 2026 BCSC 1168, the Supreme Court of British Columbia considered the termination of a long-serving investment advisor whose relationship with the defendant spanned almost three decades. The decision provides helpful guidance on worker classification, termination clauses, just cause, after-acquired cause, and the enforceability of post-contract obligations.
The advisor worked with the defendant and its predecessor from 1991 until termination of the relationship in 2018. At the time the relationship ended, the advisor managed approximately $92.5 million in client assets and serviced roughly 500 clients.
On May 23, 2018, he attended what he believed would be a congratulatory breakfast meeting with a senior executive, only to be handed a termination letter.
The defendant terminated the advisor’s contract for cause, alleging that he was "unsupervisable." The advisor subsequently commenced a wrongful dismissal action, while the defendant advanced a counterclaim alleging breaches of his non-solicitation and confidentiality obligations following his departure.
Although the parties' agreements characterized the relationship as an independent contracting arrangement, the Court found that the advisor was a dependent contractor, emphasizing the significant degree of control exercised by the defendant over the advisor's activities.
The Court also rejected the suggestion that the...
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