In the recent decision in Gerling v Camrose Regional
Exhibition & Agricultural Society, the Alberta Court of
Appeal overturned a trial judge's decision that a worker under
an independent contractor agreement was in fact an employee, but
agreed with the trial judge that the agreement had been wrongfully
terminated.
The Court of Appeal affirmed that the Supreme Court decision in
671122 Ontario Ltd v Sagaz Industries Canada Inc.
("Sagaz") continues to be the
leading precedent on whether a court in Alberta should find an
employee-employer relationship between parties to an independent
contractor agreement. The central question is whether the worker is
performing services as a person in business on his or her own
account. A non-exhaustive list of factors to be considered in
determining the nature of the relationship between parties
includes:
