Allen v. Cross Country Enterprises Inc.
The Court of Appeal dismissed the appeal because there was ample evidence to support the trial judge's factual finding that the appellant was an independent contractor, and factual findings supported by evidence should not be disturbed on appeal.
Source-derived case information.
- Citation
- 2007 ONCA 534
- Parties
- Appellant: Natasha Allen; Respondent: Cross Country Enterprises Inc.; Respondent: Hugh McMaster; Respondent: Francoise McMaster
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 July 2007
- Procedural Posture
- Civil / Appeal (court of Appeal)
- Outcome
- Appeal dismissed
- Legal Topics
- Independent Contractor Status, Employment Relationship, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Natasha Allen
Appellant
Cross Country Enterprises Inc.
Respondent
Hugh McMaster
Respondent
Francoise McMaster
Respondent
Procedural Posture
Civil / Appeal (court of Appeal)
Legal Issues
- 1 Whether the trial judge erred in finding the plaintiff was an independent contractor rather than an employee
- 2 Whether the appeal court should overturn the trial judge's factual findings
Ratio Decidendi
The Court of Appeal dismissed the appeal because there was ample evidence to support the trial judge's factual finding that the appellant was an independent contractor, and factual findings supported by evidence should not be disturbed on appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to the respondents fixed at $10,000, all inclusive
Full Case Text
Judgment text and source record
1 paragraphs
Allen v. Cross Country Enterprises Inc. Collection Decisions of the Court of Appeal Date 2007-07-19 Neutral citation 2007 ONCA 534 Docket numbers C44646 Judges Laskin, John Ivan; MacFarland, Jean Louise; Benotto, Mary Lou Subject Civil Decision Content CITATION: Allen v. Cross Country Enterprises Inc., 2007 ONCA 534 DATE: 20070719 DOCKET: C44646 COURT OF APPEAL FOR ONTARIO LASKIN, MACFARLAND JJ.A. and BENOTTO J. (ad hoc) BETWEEN: NATASHA ALLEN Plaintiff (Appellant) and CROSS COUNTRY ENTERPRISES INC., HUGH MCMASTER and FRANCOISE MCMASTER Defendants (Respondents) David A. Reid for the appellant Ross R. Nicholson for the respondents Heard and released orally: July 18, 2007 On appeal from the judgment of Justice Edward R. Browne of the Superior Court of Justice dated November 17, 2005. APPEAL BOOK ENDORSEMENT [1] There was ample evidence upon which the trial judge could make a finding that Ms. Allen was an independent contractor and not an employee. [2] The appeal is therefore dismissed. Costs to the respondents are fixed at $10,000, all inclusive.