There Are Times When You Don’t Want To Make Partner…

Overview

Recently, the Supreme Court of Canada ("SCC") and the Supreme Court of the United Kingdom ("UKSC") both had cause to consider the nature of partnership, and when certain protections due to employees or workers are extended to partners. While the two cases presented very different scenarios – the Canadian case concerning human rights, and the UK decision concerning employment rights – both decisions suggested that partners may indeed be employees in certain situations.

Background & Decision

McCormick v Fasken Martineau

John Michael McCormick had brought a complaint to the British Columbia Human Rights Tribunal ("BCHRT") alleging that a provision of the Fasken Martineau DuMoulin LLP ("Fasken") Partnership Agreement  placing a time limit on the ownership interests of equity partners constituted age discrimination contrary to BC's Human Rights Code (the "Code").   At issue before the BCHRT was whether or not there was an employment