Alan Posner

The applicant was injured in a motor vehicle accident and applied for an income replacement benefit.

The respondent denied the benefit, arguing the applicant was self-employed as a partner in her husband's television and stereo repair shop.

The Tribunal held a preliminary issue hearing to determine her employment status.

Applying the test for partnership from Backman v. Canada, the Tribunal found no evidence of a partnership agreement or intention to carry on business in common.

The official corporate records, tax filings, and payroll deductions supported the applicant's position that she was an employee.

The Tribunal concluded the applicant was employed, not self-employed, at the time of the accident.

The applicant was injured in a motor vehicle accident and applied for income replacement benefits.

A preliminary issue was raised regarding whether she was employed or self-employed at her husband's television and stereo repair shop.

The respondent argued she was a partner in the business based on internet articles referring to her as a co-owner.

The Tribunal found that the applicant was an employee, as official corporate records showed she was not a shareholder or director, she received a regular salary with standard deductions, and there was no evidence of a partnership agreement.