Is an agent a dependant contractor for an insurance company?
Ontario, Canada
The following excerpt is from Keenan v. Canac Kitchens, 2015 ONSC 1055 (CanLII):
Like employees, dependant contractors are owed reasonable notice on termination. In Belton v. Liberty Insurance Company of Canada (2004), 70 O.R. (3d) 81, at paragraph 11, the following principles were articulated to distinguish independent contractors from employees, when considering the status of a commissioned agent: 1. Whether or not the agent was limited exclusively to the service of the principal. 2. Whether or not the agent is subject to the control of the principal not only as to the product sold, but also as to when, where, and how it is sold. 3. Whether or not the agent as an investment or interest in what are characterized as the tools relating to his service. 4. Whether or not the agent has undertaken any risks in the business sense, or, alternatively, has any expectation of profit associated with the delivery of his service as distinct from a fixed commission. 5. Whether or not the activity of the agent is part of the business organization of the principal for which he works. In other words, whose business is it?
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