Re S.
Bankruptcy: Truck Driver Independent Contractor Status
Summary
This is a Court of Appeal decision regarding a claim for preferential status in bankruptcy proceedings under section 121(3) of the Bankruptcy Act. The court determined whether a truck driver who supplied his own vehicle was an employee ('labourer' or 'workman') or an independent contractor. The court held that the claimant was an independent contractor but required an apportionment of compensation to separate the labour component from the truck rental costs.
Award
Claimant entitled to preferential status only for the labour component of compensation; Registrar to determine division if parties cannot agree
Key Factors
- independent contractor
- preferential claims
- Bankruptcy Act
- apportionment of compensation
- labourer or workman
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.