The appellant appealed a trial judgment that found she was a partner in a law firm rather than an employee.
The appellant argued that the trial judge failed to properly apply the control and dependency test established in McCormick v. Fasken Martineau DuMoulin LLP.
The Court of Appeal upheld the trial judgment, holding that McCormick does not establish control and dependency as an all-purpose test for determining partnership status.
Instead, courts must examine all surrounding circumstances, the substance of the relationship, the behaviour of the parties, and their intentions.
The trial judge's findings of fact, which supported a partnership relationship, were available on the evidence and no palpable and overriding error was demonstrated.
