18 -— Wednesday. September 1, 1999 - North Shore News current wearable...fashionable... affordable 3044 Edgemont Blivd., 983-0701 7, | THURSDAY, SEPTEM ER 1058 MARINE DR. Janice Mucalov, LL.B. Contributing Columnist IF you operate a busi- ness in B.C., beware of developing a close working relationship with your suppliers and distributors. You could get sued for wrongful dismissal. Ina startling decision, the B.C. Court of Appeal recent- ly decided that a distributor was entitled to reasonable notice (nine months) before its contract could be termi- Cou a) ANY OIL CHANGE PACKAGE Formerly Shelf Ranid tubs Lonsdaie & 13th N. Vancouver 985-1956 Expires Saptembal ER 6 Vancouver: 1358 W. Broadway; 2138 W. 41st Ave.; 596 Seymour St. Burnaby: Eaton Centre Metrotown Richmond: 6680 No. 3 Rd. Surrey: 8066 120th Street Cequitiam: 3025 Lougheed Hwy.; 1110 Lougheed Hwy. Maple Ridge: Westgate Plaza Clearbrook: Clearbrook Town Square ngley: 19587 Fraser Hwy. nated, The law has long said that employees gencrally can’t be fired without reasonable notice, uniess there's cause. But independent contractors haven’t usually been given Since 1978 LVO. ANGE | the same right. But now it appears possi- ble that a business could sue its main customer, a profes- sional firm could sue its biggest client, and a retail store may be able to sue its major supplier, if the busi- ness, firm or store doesn’t reccive reasonable notice ofa pending break of thar com- mercial relationship. Here’s why. Marbry Ltd. was a small distributor with two employ- ces. In 1983, it obtained the exclusive right to sell Reebok athletic shoes and clothing in most of B.C. Over the next ten years, it bought and showed off Reebok inventory in its own showroom, secured orders for Recbok sales, handled any complaints about Reebok products, and found athletes to wear and promote Reebok’s footwear and clothes. While Marbry also represented and sold another line of athletic cloth- ing, at least 75% of its earn- ings came from selling Reebok’s products. Then in 1993, Marbry’s distributorship was terminat- ed on one month’s notice, The company laid off its salesperson and failed to find a replacement product line by the time it sued and went to tial. : In deciding if a business is entitled to reasonable notice when an important commer- cial relationship ends, the court said you must consider the length, closeness and degree of exclusivity of the . relationship. . Bere, the court said that considering such things as the ten-year relationship and the high degree, of control exercised over Marbry, Marbry was more like 2n employee than an indepen- dent contractor, and was therefore entitled to reason- able notice... To help protect your right to make and break your _ ongoing commercial relation- - ships according to the needs ° of your business, ensure your written agreements with wp. pliers, customers and the like limit the amount of notice you must give to end that relationship. . — Ths column ias been. written with the assistance of » the Chilliwack jaw firm of .-. Kaye, Toews & Caldwell, 792- 1977. The column provides information only and must-not be relied on for legal advice. Municipal counciis — to meet THE Union of B.C. Municipalities will be hold- ing its annual convention in Vancouver later this month. The event, scheduled for Sepr. 28 to Oct. 1, is expected to be attended by 1,000 local government officials, numer- ous government and opposi- tion MLAs, the premier, the opposition leader, and federal government representative David Anderson. Carole Taylor will be mak- ing a presentation on behalf of the Business Summit... a The event, set for the Vancouver Conference and Exhibition | Centre, © will include numerous policy dis- cussions on issues such as the economy, gaming, and liquor policy. .