Ubartas c. M.R.N.

Ubartas c. M.R.N.

On the facts the relationship was an employment relationship: the parties intended and treated it as employment; the employer exercised direction and control over work areas, method and scheduling; appellant was integrated in employer operations, attended employer training, received payroll with statutory...

Source-derived case information.

Citation
2024 CCI 85
Parties
Appellant: Victor Ubartas; Respondent: Minister of National Revenue
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
10 June 2024
Procedural Posture
Employment Insurance Appeal / Appeal Heard and Judgment Issued
Outcome
Appeal allowed; decision of the Minister of National Revenue modified to find appellant occupied insurable employment
Legal Topics
Insurable Employment, Employee Versus Independent Contractor, Subordination and Control, Contract Interpretation, Payroll and Withholding
Source Language
fr
Employment Insurance Labour and Employment Law Quebec Civil Law Insurable Employment Employee Versus Independent Contractor Subordination and Control Contract Interpretation Payroll and Withholding

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Parties

Victor Ubartas

Appellant

Minister of National Revenue

Respondent

Procedural Posture

Employment Insurance Appeal / Appeal Heard and Judgment Issued

  1. 1 Whether the appellant occupied insurable employment in 2020 and 2021
  2. 2 Whether the relationship between appellant and the employer was a contract of service (employee) or a contract for services (independent contractor)

Ratio Decidendi

On the facts the relationship was an employment relationship: the parties intended and treated it as employment; the employer exercised direction and control over work areas, method and scheduling; appellant was integrated in employer operations, attended employer training, received payroll with statutory withholdings and T4s, could not subcontract or hire replacements and was paid a regular advance salary with reconciliations rather than operating a separate business; accordingly appellant occupied insurable employment in 2020 and 2021 and the Minister’s decision was overturned.

Court Disposition

Appeal allowed; decision of the Minister of National Revenue modified to find appellant occupied insurable employment

Orders

  • Appeal allowed
  • Decision of the Minister of National Revenue set aside and modified to reflect that Victor Ubartas occupied insurable employment with Groupement forestier de Portneuf in 2020 and 2021