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Employee or contractor: The seven-part test

Wednesday, July 12, 2017 @ 9:28 AM | By Marino Sveinson and Melissa Neate

The clear trend by courts in British Columbia and other jurisdictions across Canada has been to “modernize” the approach to the classification of workers along the continuum of “pure employee” and “pure independent contractor” resulting in a contemporary category of dependent contractors. This concept of dependent contractors evolved to protect economically vulnerable and dependent agents by affording them an entitlement to reasonable notice of termination of the contractual relationship.

B.C. courts historically did not refer to these individuals as dependent contractors, instead referencing an “intermediate category”...