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ARTICLE · 01 AUGUST 2022

Test For Employee Not Necessarily Limited To Single Test

Roper Greyell LLP
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Some legal questions are never "answered" — no matter how frequently they are litigated, they come up again and again. In the world of employment law, few questions are as timeless...

CanadaEmployment and HR
Adam James
Adam James
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Previously printed in The Lawyer's Daily, a LexisNexis Canada publication.

Some legal questions are never "answered" — no matter how frequently they are litigated, they come up again and again. In the world of employment law, few questions are as timeless (or important) as whether an individual is an employee or independent contractor.

The British Columbia Court of Appeal in Beach Place Ventures Ltd v. Employment Standards Tribunal 2022 BCCA 147 recently considered this question again and, although its conclusions did not break new ground, the decision serves as a good reminder of some important principles and deals squarely with a point that often causes confusion for clients — the test for "employee" and its various forms in different contexts.

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