Gaudet v. M.N.R.

Gaudet v. M.N.R.

Applying the Wiebe/Sagaz factors to the established facts — direct hiring by the intervenor, establishment of schedule and detailed directives, work performed in the intervenor's home, the appellant's credible belief and reliance that she was an employee and the absence of facts that would indicate she was working...

Source-derived case information.

Citation
2008 TCC 542
Parties
Appellant: Claire Gaudet; Respondent: Le Ministre du Revenu National; Intervenor: Léonce Gauthier
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
10 November 2008
Procedural Posture
Employment Insurance Appeal / Appeal Decision (informal Procedure)
Outcome
Appeal allowed; the Minister's decision dated October 16, 2006 is modified to state the appellant's employment was insurable for the period March 1, 2005 to February 28, 2006.
Legal Topics
Insurable Employment, Employee Versus Independent Contractor, Application of Wiebe/sagaz Factors, Intention of the Parties
Source Language
en
Employment Insurance Act Administrative Law Employment Law Tax Law Insurable Employment Employee Versus Independent Contractor Application of Wiebe/sagaz Factors Intention of the Parties

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Parties

Claire Gaudet

Appellant

Le Ministre du Revenu National

Respondent

Léonce Gauthier

Intervenor

Procedural Posture

Employment Insurance Appeal / Appeal Decision (informal Procedure)

  1. 1 Whether the appellant's employment was insurable under s.5(1)(a) of the Employment Insurance Act for the period March 1, 2005 to February 28, 2006
  2. 2 Whether the relationship between the appellant and the payor/intervenor was an employer-employee relationship or a contract for services
  3. 3 How to apply the Wiebe/Sagaz factors and the federal Court of Appeal decision in Poulin to facts involving care provided to a severely disabled person

Ratio Decidendi

Applying the Wiebe/Sagaz factors to the established facts — direct hiring by the intervenor, establishment of schedule and detailed directives, work performed in the intervenor's home, the appellant's credible belief and reliance that she was an employee and the absence of facts that would indicate she was working on her own account — the Tribunal concluded the relationship was employer-employee and the employment was insurable for the period in issue; the facts distinguished this file from Poulin.

Court Disposition

Appeal allowed; the Minister's decision dated October 16, 2006 is modified to state the appellant's employment was insurable for the period March 1, 2005 to February 28, 2006.

Orders

  • Appeal allowed and decision of the Minister dated October 16, 2006 is modified to stipulate that the appellant's employment was insurable for the period March 1, 2005 to February 28, 2006 according to the attached reasons of judgment.