The applicant County sought judicial review of a Pay Equity Hearings Tribunal decision which found that private-home day care providers were employees of the County for the purposes of the Pay Equity Act.
The Tribunal had applied the common law 'total relationship' and 'organization/integration' tests to conclude the providers were employees.
The Divisional Court granted the application and quashed the Tribunal's decision, finding it to be patently unreasonable.
The majority held that the Tribunal ignored or irrationally discounted evidence demonstrating that the providers were independent contractors, such as their contracts, tax filings, and level of independence.
