Mischaracterizing working relationships continues to cost employers

7 factors determine relationship, regardless of the official agreement between employer and worker
By Melanie Samuels, Glen Stratton and Talya Nemetz-Sinchein
|Canadian Employment Law Today|Last Updated: 11/05/2019

In 2017, in a case called Glimhagen v. GWR Resources Inc., the B.C. Supreme Court affirmed the existence in law of the dependent contractor and that a dependent contractor is entitled to reasonable notice of termination due to the employee-like relationship that exists between a dependent contractor and an employer. The seven indicia of dependant contractorship were delineated as follows:

•  Exclusivity: Whether the agent’s services are generally limited exclusively to the principal

•  Control: If the agent is subject to the control of the principal, regarding the product and when or where the agent sells it to the principal