- Executive officers
- Personal coverage
- Worker
The hearing occurred on February 10, 2026, via videoconference, with the employer represented by counsel and the worker not participating. The appeal concerned a prior decision denying optional insurance coverage to VJP.
The Panel denied the appeal.The employer is a placement agency supplying relief nurses to remote Indigenous communities, controlling assignments, travel, accommodation, and requiring nurses to meet specific qualifications and training. Subcontractors, including VJP, operate through corporations but are subject to significant employer control and restrictions, including a strict non-competition clause. The WSIA defines workers as persons employed under a contract of service and independent operators as those carrying on business without employing others. WSIB policy 12-02-01 guides the determination of worker versus independent operator status, focusing on the substance of the relationship rather than solely incorporation status. The Panel clarified that piercing the corporate veil is not required to determine if an executive officer of a corporation is a worker under the WSIA. The status depends on whether the individual operates a business or merely uses a corporate structure, consistent with prior Tribunal decisions and WSIB policy. Evidence showed VJP's relationship with the employer resembles that of a worker, with employer control over schedule, duties, training, and performance, and limited opportunity for profit due to contractual restrictions. Features favoring independent contractor status were deemed immaterial. Previous audits and WSIB decisions consistently found that nurses working through corporations for this employer were workers under the WSIA. These decisions, not appealed by the employer or subcontractors, establish a precedent applicable to VJP's case. Despite the employer's stated intention to transition to staff nurses only, subcontracted nurses remained classified as workers. The employer did not present new evidence to distinguish VJP's status from prior findings. On a balance of probabilities, the Panel found VJP to be a "worker" under WSIA and therefore ineligible to apply for optional insurance as an independent operator, denying the employer's appeal.