The Supreme Court of Canada has rendered its decision in the case of McCormick v Fasken. cite 2014 SCC 39
The Court agreed with the appellant that the British Columbia Court of Appeal was incorrect in relying exclusively on partnership law in its analysis.
It was determined that the test for who has the benefit of Human Rights protection is a substantive one, not one of form.
However, the Court determined that, In the circumstances of this case, our client was found to have a level of control in the workplace, and thus was denied protection.
The Lawyers Weekly article can be found here.