Hybrid contracts

"Hybrid contract" has no settled legal meaning in BC. It is sometimes used for a contract mixing goods and services, or for a contract signed partly on paper and partly electronically. Courts simply apply ordinary contract law, characterizing a mixed contract by its essential nature where that matters.

How BC law treats it

The Sale of Goods Act, RSBC 1996 c 410 applies only to contracts for the sale of goods, and a mixed contract is characterized by its essence; the Business Practices and Consumer Protection Act, SBC 2004 c 2 applies only to consumer transactions. Worker status is not "hybrid": it is determined under the common law tests in 671122 Ontario Ltd v Sagaz Industries Canada Inc, 2001 SCC 59.

What it means for your business

A business with mixed goods and services contracts should spell out warranties, delivery and acceptance terms rather than rely on default statutory rules.

Risks and common mistakes

Labelling a worker as part employee and part contractor does not avoid employment obligations if the relationship is in substance employment.

Fulcrum's business contract lawyers can help with these issues.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.