Who exactly conducts the common law tests, and when?
The
common law tests may be needed at various stages of the employment
or business relationship. For example, the following programs or
agencies may consider worker/payer relationships:
- a
government program or agency such as the Canada Pension Plan,
Employment Insurance or the Canada Revenue Agency, especially
if there is a dispute between the parties, or the program or agency
suspects that the essence of the relationship is not as previously
asserted (even if both parties agree)
- a
tribunal or court, if a dispute arises between the parties (for
example, a Workers’ Compensation Board issue)
- a
court, if there is a third party negligence claim
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
May
2008 |
