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Employment - Employment versus Independent Contractor

. European Staffing Inc. v. Canada (National Revenue)

In European Staffing Inc. v. Canada (National Revenue) (Fed CA, 2020) the Federal Court of Appeal set out briefly the test for employment versus independent contracting:
[7] Connor Homes imposes both a subjective and objective test. Although the Court is to look at the intention of the parties, and whether they actually thought they were in an employment relationship or considered themselves to be independent contractors, the inquiry does not end there. The Court must also look at the overall circumstances through an objective lens. That inquiry is informed by the four objective criteria set forth in Wiebe Door Services Ltd. v. Canada (Minister of National Revenue), 1986 CanLII 4771 (FCA), [1986] 3 F.C. 553 (Wiebe Door) – the degree of control exercised over the worker, the ownership of tools, chance of profit and risk of loss and the integration of the workers into the employer’s business. There is no dispute that the judge correctly identified the governing legal tests.


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