Ace Painting v. M.N.R.

Ace Painting v. M.N.R.

The judge found the Minister had admitted paragraphs 4 and 9 of the notice of appeal, including the specific factual matters that Mantelos was free to engage others. That admitted freedom to delegate, together with the admitted facts on tools, control and profit/loss possibilities, satisfied the established tests...

Source-derived case information.

Citation
2005 TCC 319
Parties
Appellant: ACE PAINTING & DECORATING CO., a division of EVAGELOU ENTERPRISES INCORPORATED; Respondent: The Minister of National Revenue
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
29 March 2005
Procedural Posture
Appeals 2004 58(ei) and 2004 60(cpp) to the Tax Court of Canada / Motion for Judgment on Admissions (summary Judgment) Heard and Decided
Outcome
Appeal allowed; decision of the Minister set aside
Legal Topics
Independent Contractor Vs Employee, Admissions in Pleadings, Summary Judgment, Tax/benefits Entitlement
Source Language
fr
Employment Insurance Act Canada Pension Plan Administrative Law Labour/employment Status Independent Contractor Vs Employee Admissions in Pleadings Summary Judgment Tax/benefits Entitlement

Source-derived case record

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Parties

ACE PAINTING & DECORATING CO., a division of EVAGELOU ENTERPRISES INCORPORATED

Appellant

The Minister of National Revenue

Respondent

Procedural Posture

Appeals 2004 58(ei) and 2004 60(cpp) to the Tax Court of Canada / Motion for Judgment on Admissions (summary Judgment) Heard and Decided

  1. 1 Whether Gus Mantelos was an independent contractor or an employee/subcontractor for the relevant period
  2. 2 Whether the Minister’s admissions in his response to the notice of appeal are binding and sufficient to enter judgment

Ratio Decidendi

The judge found the Minister had admitted paragraphs 4 and 9 of the notice of appeal, including the specific factual matters that Mantelos was free to engage others. That admitted freedom to delegate, together with the admitted facts on tools, control and profit/loss possibilities, satisfied the established tests (Ready Mixed Concrete and the Wiebe Door factors) that Mantelos was an independent contractor; consequently the Minister’s decision was set aside.

Court Disposition

Appeal allowed; decision of the Minister set aside

Orders

  • Application granted on the basis of admissions
  • Decision of the Minister rescinded; judgment that Gus Mantelos was an independent contractor for the relevant period (including 28 May 2002 to 10 October 2002)