What is the case law on the employee/independent contractor distinction?
New Brunswick, Canada
The following excerpt is from Benyoussef v Institute of International Education Canada (IEC) Inc., 2017 CanLII 27446 (NB LEB):
22. A short history of the jurisprudence addressing the employee/independent contractor distinction begins with the so-called “Control Test” at common law. The factors were: the master’s (i) right of selection; (ii) obligation to pay; (iii) right to control the method of doing the work; (iv) right to suspend and dismiss. See Short v. J.W. Henderson (1946), 115 L.J.P.C. 41 (H.C.).
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