Independent Contractor or Employee – The Tests For #228

Legally Speaking

By Gerry NeelyB.A., LL.B. When the Homelife/Victoria case was decided in 1992, the conduct required to establish independent contractor status was not common knowledge among the licensees who claimed this status at the hearing. However, Revenue Canada reports that the returns of licensees claiming to be independent contractors continue to be rejected, either because of the terms

Independent Contractor Status v. Employee Status #227

Legally Speaking

By Gerry NeelyB.A., LL.B. As most licensees must be aware, while the Supreme Court of British Columbia has held in three cases that under the Real Estate Act a salesperson can only be an employee of an agent, the policy of Revenue Canada under the Income Tax Act, is to recognize the independent contract status of a salesperson. That

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