History Of Independent Contractors And Employees

1523 WordsMar 6, 20167 Pages
Introduction Independent contractors and employees are two significantly different types of workers and this distinction is clearly important in the realm of business as it alters many policies. As a result, the court is often tasked with the question of differentiating the two types of workers. To help the judges with this question, the upper level courts have created multiple tests to help determine an employee from an independent contractor ranging from the test developed in the case of 1671122 Ontario Ltd. v. Sagaz Industries Canada Inc, Housen v. Nikolaisen, 2002 SCC 33 to Wolf v. The Queen, 2002 D.T.C. 6053. This is concerning to have these many tests as it creates confusion, but in the case of Connor Homes v Canada, 2013 the court attempts to create a uniform test. This paper will use the concept of F.I.L.A.R., fact, issue, law, application, ratio to examine the Connor Homes case to show why this case’s outcome substantially impacts business practices. Facts Before describing the facts of the case, it is worth noting that all the facts have already went through the court scrutiny as the facts are taken from the subscript of the Appeal court. What this means is that the facts are deem to be legitimate as the lower level courts would have already questioned the creditability of the facts, since the upper level courts do not concern itself with questions of law. Connor Homes is the appellant in this case and he is a license foster care operator. This means he
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