Contract or employee? Court considers employer’s control

Finds no evidence to support self-employed claim; allows Crown cross-appeal to proceed
By Danielle Harder
|Canadian Employment Law Today|Last Updated: 11/02/2011

An Ontario personnel service must pay CPP and EI premiums for 53 truck drivers hired to haul steel in Ontario and Quebec, while a cross-appeal by the Crown involving another 39 drivers has been allowed to stand, ruled the Ontario Workplace Safety and Insurance Appeals Tribunal.

Between 2002 and 2004, TBT Personnel Services Inc. contracted 96 drivers to provide trucking services to another firm. The tax department assessed premiums against the company on the basis the drivers were employees, not independent contractors. The company requested a review.

At a Tax Court of Canada hearing, company owner Tony Santos testified he considered all of the drivers to be self-employed.