LAW 529 Chapter Notes - Chapter 1: Independent Contractor

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Wally Whistance- Smith

Document Summary

Three main sources: statute law (legislation passed by the gov"t, constitutional law (the canadian charter of rights and freedoms, common law (judge-made law) Impact of the charter on private sector employers. An ee cannot use the charter directly to challenge a private sector employment decision or policy. However, an ee may be able to achieve the same result if the er"s decision or policy is based on, or allowed by, legislation that is found to contravene the. Two-part test for determining when a law that limits a charter right is a reasonable limit and therefore saved by s. 1. Independent contractor: a self-employed worker engaged by a principal to perform specific work. The legal rights and responsibilities of the parties depend on the nature of their relationship: a worker is not an independent contractor simply because the parties intend it to be so. What tests establish an employee-employer relationship: control test.