A recent Alberta case highlights the governance issues boards
can find themselves facing when overseeing their employees and
contractors, and the tricky distinction between independent
contractors and employees.
In Gerling v. Camrose Regional Exhibition & Agricultural
Society, 2022 ABCA 210, the Camrose Regional Exhibition &
Agricultural Society (the "Society")
entered into a management services contract with Papa-T Productions
Ltd. (the "Consultant Company"). Under
the management services contract, the Consultant Company provided
the Society with various management services, including the
services of its sole director, shareholder and employee, Mr.
Gerling, who served as the chief executive officer of the
Society.