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I am a doctor and have other doctors, therapists and counsellors subletting from me in a large office space. They each have their own clients and are totally responsible for them. Sometimes they get referrals from other subletters. Are they considered independent contractors or are they considered employees according to Ontario law?
Determining whether an individual is an employee, dependent contractor, or independent contractor is a very fact-specific exercise. It involves examining the nature of the relationship between the parties and the amount of control that the "employer" has over the "employee"/contractor. Further, simply because an individual is paid as a contractor rather than an employee is not determinative of his or her status as an employee or contractor. You should contact our firm to discuss this situation with one of our lawyers as this issue is very fact specific and could create significant liability for your business.