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ARTICLE · 30 APRIL 2014

Independent Contractor Status: A Different Perspective

Blaney McMurtry LLP
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The choice between using independent contractors and employees to provide direct service is complicated and often done poorly.

CanadaEmployment and HR
William D. Anderson
William D. Anderson
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As most businesses are now aware, the choice between using independent contractors and employees to provide direct service is complicated and often done poorly. For years, our courts have defined and redefined the tests used to determine who is, in fact, an independent contractor and who is an employee. The two most recognized and influential decisions are 1671122 Ontario Ltd. v. Sagaz Industries Canada Inc. (SCC) and Wiebe Door Services Ltd. v. Canada (Minister of National Revenue) (FCA). These decisions and those which follow clearly confirm that, notwithstanding the parties’ intentions, the essence of the question is whether the person is performing services “as a person in business on his/her own account.” Our courts will typically review and consider:

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