What is the test for determining whether an individual has a business or is it not?
Ontario, Canada
The following excerpt is from Mazanek v. Bill & Son Towing, 2021 ONSC 4512 (CanLII):
This analysis largely turns on one central question: whose business is it? As stated in Braiden v. La-Z-Boy Canada Limited, 2008 ONCA 464, 294 D.L.R. (4th) 172 (at para. 34): “In many ways, the question posed at the end of the fifth principle – whose business is it? – lies at the heart of the matter. Was the individual carrying on business for him or herself or was the individual carrying on the business of the organization from which he or she was receiving compensation?” (emphasis added)
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