Is a person who is both a guiding spirit of a corporation and an employee of that same corporation entitled to be paid severance pay?
Canada (Federal), Canada
The following excerpt is from Ventilex Inc. v. M.N.R., 2005 TCC 350 (CanLII):
In Fournier v. Canada, [1996] T.C.J. No. 526, Garon J. summed up this question as follows, at paragraph 21: [...] the fact that a person is both the guiding spirit of a corporation and an employee of that same corporation does not nullify the subordinate relationship that exists between the employer company and the employee.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a shareholder of a corporation entitled to use of the corporation's corporate property for personal use purposes? (Canada (Federal), Canada)
Is a tribal employee of a non-profit corporation entitled to a claim for damages against an individual tribal employee? (MultiRegion, United States of America)
Can an employer retaliate against an employee for disclosing information to a person with authority over the employee? (MultiRegion, United States of America)
Can an employer obtain personal information about an employee who has used a corporate fitness membership? (Canada (Federal), Canada)
What is the legal basis for dismissal of an employee on the basis that the employee has a valid claim to be entitled to leave? (MultiRegion, United States of America)
Can an employer refuse to reemploy an employee on the basis that another employee was hired to fill the position during the employee's absence? (MultiRegion, United States of America)
Can an employee who has engaged in severe or pervasive harassment in the workplace be removed from the workplace if the mere presence of the employee creates a hostile working environment? (MultiRegion, United States of America)
What is the test for a reasonable person to understand their entitlement to benefits and obligations under the Employee Benefits Act? (Canada (Federal), Canada)
Is a probationary employee entitled to the same status as a permanent employee? (Canada (Federal), Canada)
Does a diversion of assigned account receivable checks from a debtor corporation to another corporation controlled by the debtor corporation constitute concealment of assets? (MultiRegion, United States of America)
