What is the test for treating a tenant as a servant?
Saskatchewan, Canada
The following excerpt is from Couture v. Witney, 1947 CanLII 203 (SK CA):
From the authorities it appears that, where a person is permitted to occupy premises as a privilege or as remuneration or part payment for his services, he occupies as a tenant and not as a servant; but where it is necessary for the due performance of his duties for a person to occupy certain premises, or where he is required to occupy premises for the more satisfactory performance of his duties, such person occupies as a servant: Reed v. Cattermole [1937] 1 KB 613, 106 LJKB 407, [1937] 1 All ER 541; Halsbury, 2nd ed., p. 117; Smith v. Seghill Overseers (1875) LR 10 QB 422, 44 LJMG 1.14.
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