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type of employee

By Alison J. Bird | 4 Minutes Read February 10, 2014

Executive chef loses attempt to unilaterally change status from independent contractor to employee

Many of the cases I have reviewed in recent years on the question of whether a worker is an independent contractor or an employee have inevitably determined that the worker is an employee. While there are some notable exceptions to this trend, I find myself surprised whenever I read a decision that concludes that the worker is in fact an independent contractor. Therrien v Minister of National Revenue, 2013 TCC 116 is one such case.

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / 1392644 Ontario Inc v MNR, employment contract, employment insurance benefits, employment law, Employment status, HRSDC, income tax filings, independent contractor, Tax Court of Canada, Therrien v Minister of National Revenue, trained executive chef, type of employee, unilaterally change the terms of a contract, whether a worker is an independent contractor or an employee, written contractual relationship

By Matt Lalande, Lalande & Company Lawyers | 4 Minutes Read June 11, 2012

Not an employee? Not an independent contractor? How the courts define the hybrid

Increasingly, Canadian courts have recognized an in-between class of agents that are not technically employees or not technically independent contractors. Over the past few years, our courts have come up with a hybrid category of agents called "dependent contractors." These are independent individuals who work so closely with employers, and whose relationship status with their "employer" is so sufficiently long-lasting, as to allow them entitlement for reasonable notice.

Article by Matt Lalande, Lalande & Company Lawyers / Employee Relations, Employment Standards / contractor, dependent contractors, economic dependency, employee, employment law, employment relationship, hybrid position, independent contractor, intermediate or hybrid class, McKee v. Reid’s Heritage Homes Ltd., ontario, reasonable notice, Sarnelli (cob as East End Lock and Key) v. The Effort Trust Company, Self-employed, type of employee

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