What is the standard of review for determining whether someone is an employee or an independent contractor?
Canada (Federal), Canada
The following excerpt is from 1536378 Ontario Limited (B-Pro Grooming) v. Canada (National Revenue), 2007 FCA 334 (CanLII):
The conclusion of whether someone is an employee or an independent contractor is a question of mixed fact and law, in that it involves the application of a legal test to a set of facts. As such, the standard of review is one of palpable and overriding error, unless an extricable error of law can be identified, in which case a standard of correctness is used (Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235 at paragraphs 27-28).
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