Is a contract of service binding an employer's control over an employee?
Canada (Federal), Canada
The following excerpt is from Langmobile Inc. v. M.N.R., 2009 TCC 535 (CanLII):
Pratte J. noted the following in Gallant v. M.N.R., [1986] F.C.J. No. 330(QL): . . . The distinguishing feature of a contract of service is not the control actually exercised by the employer over his employee but the power the employer has to control the way the employee performs his duties . . .
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