INTENTION TO CREATE INDEPENDENT CONTRACTOR RELATIONSHIP NOT ENOUGH ACCORDING TO ONTARIO COURT

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One issue we encounter quite frequently in our practice is the difference between an employee and an independent contractor. Often times, companies seek to enter into an independent

contractor relationship because there are potential benefits not available in an employment relationship. Balanced against those benefits however, are the potential liabilities that may arise if the relationship is determined to be an employment relationship, including liability in relation to CPP/EI, Income Tax, employment standards, common law reasonable notice, Workplace Safety and Insurance, amongst other things. Unfortunately, the intention of the parties to create an independent relationship does not trump the actual character of the relationship.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Turner, Greenberg Turner | Attorney Advertising

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