After a consideration of both Carter v. Bell, supra and Paper Sales, supra, Potts J. concluded that the preferred approach was the one enunciated in Paper Sales, supra, and found that whether or not notice is required is a matter to be determined with reference to the specific facts in each case. After applying the facts of the case to the indicia set out in Paper Sales, supra, Potts J. held that the plaintiff and the defendant had maintained an exclusive sales agency relationship and that this arrangement was much closer to a contract of employment than it was to a straight commission agency. Accordingly, the plaintiff was entitled to a payment in lieu of notice of termination. Judgment Below
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