Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Administrative law – Judicial review – Criteria (guidelines and methodology) to be applied in determining whether person is independent operator and carries on similar or connected activities within meaning of Act respecting industrial accidents and occupational diseases – Whether s. 9 of Act respecting industrial accidents and occupational diseases can be applied without first determining nature of legal relationship between parties, in this case between applicant and dentists, independent operators – Whether Commission des lésions professionnelles (now Administrative Labour Tribunal) or any other specialized decision-maker can create tax base differing from that provided for in its home statute – Act respecting industrial accidents and occupational diseases, CQLR, c. A 3.001, s. 9.

On November 1, 2013, the Commission des lésions professionnelles (“CLP”) dismissed the applicant’s appeal and determined that the dentists working in its establishments were independent operators who were considered workers within the meaning of s. 9 of the Act respecting industrial accidents and occupational diseases, CQLR, c. A 3.001 (“AIAOD”). Since the dentists were considered to be in the applicant’s employ, the CLP found that their salaries had to be included in the applicant’s payroll. That decision confirmed a previous decision made by the CLP on November 9, 2005. The applicant later applied unsuccessfully to the CLP for a review of that decision. The applicant then filed an application for judicial review of the CLP’s refusal and initial decision.