6305521 Canada – Court of Quebec finds that an incorporated repairman reporting to a foreman was not carrying on a personal services business

An individual was the sole shareholder and employee of a corporation. His corporation did work for various employment agencies (7 over the course of 9 years) which, in turn, provided his services and of others in repairing aircraft under the supervision of an agency foreman. Lareau JCQ found that the corporation was not carrying on a personal services business (under the Quebec version of those rules).

The fact that the work to be performed was precisely described and performed in a secured environment reflected the highly technical character of the required tasks rather than indicating that he was under the superintendence and control of the agencies so as to be the equivalent of an incorporated employee. In addition, he was required to provide his own tools, his corporation offered his services to various agencies at a time, he could work for more than one agency during a period, and his hours were variable depending on the exigencies of the work.

Neal Armstrong. Summary of 6305521 Canada Inc. v. ARQ, 2017 QCCQ 14869 under s. 125(7) – personal services business.