What is the state of the law in relation to the Wiebe Door?
Canada (Federal), Canada
The following excerpt is from L'Hirondelle-Wilson v. M.N.R., 1998 CanLII 522 (TCC):
What the parties thought their relationship was will not change the facts. In the case of The Minister of National Revenue v. Emily Standing 147 N.R. 238, Stone J.A. at pages 239 and 240 stated: "There is no foundation in the case law for the proposition that such a relationship may exist merely because the parties choose to describe it to be so regardless of the surrounding circumstances when weighed in the light of the Wiebe Door test."
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