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Bocock J concluded (at para. 35) that the “annual award was paid with the dominant characteristic of furtherance of the education and learning of … the PDF,” so that the PDF was not an employee. In this regard, he had found that: “PDFs received minimal oversight and supervision” (para. 10) so that they had “free range” in their pursuit of research; any teaching tasks taken on were separately remunerated by the University; there was no documented “obligation of the PDF to provide laboratory, tutorial, teaching or research assistance to the University” (para. 30); there “simply were no identifiable, direct or measurable services or activities delivered by Dr. Lanery to the University” (para. 31); and the evidence was consistent with “the University [having] exhorted its PDFs, and Dr. ...

., 2023 TCC 72-- summary under Paragraph 56(1)(n) Summary Under Tax Topics- Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(n) a post-doctoral fellow was not an employee of the University Bocock J indicated (at para. 24) that whether annual awards made to a post-doctoral fellow (PDF) of the University (Dr. ... Bocock J concluded (at para. 35) that the “annual award was paid with the dominant characteristic of furtherance of the education and learning of … the PDF,” so that the PDF was not an employee. In this regard, he had found that: “PDFs received minimal oversight and supervision” (para. 10) so that they had “free range” in their pursuit of research; any teaching tasks taken on were separately remunerated by the University; and there was no documented “obligation of the PDF to provide laboratory, tutorial, teaching or research assistance to the University” (para. 30). ...