View cases - Stewart McKelvey

15Ms. Cormier decided to set up such a care worker program. She learned from Mr. Gilpin that shewould have to arrange for a contract of employment and deal with Human Resources Canada.Apparentlywithout further assistance from Mr. Gilpin, she began to deal with Human Resources (seeexhibit PI tab 54). She learned that a third party could be designated to set up the arrangements.Once a contract was signed the third party would drop out ofthe picture.She designated herself as the third party and drafted some ofthe documents to set up the program(e.g. exhibit PI tab 55).2010 NSSC 252 (CanLII)I am satisfied that it was clear to Ms. Cormier that to qualify for the program the caregiver could notbe employed or paid by the Company. She realized that it would be necessary to have Mr. Fagbilepaid through a separate payroll arrangement. In order to do that, a new business number had to begenerated for the purposes of Human Resources and Skills Development Canada. Ms. Cormierapplied for and got a new business number in her own name.Ms. Cormier also understood., apparently from either the conversations with Mr. Gilpin or with hercontacts with Human Resources, that the employer could be a member ofthe family ofthe personreceiving the care. Ms. Cormier contacted Mr. Dorey's daughter, a Mrs. Carter, to see ifshe wouldagree to be identified as the employer ofMr. Fagbile.Mrs. Carter wanted to continue to have Mr. Fagbile look after her father and agreed. Mrs. Carterrealized that while she was designated as the employer in reality that was just a designation and Mr.Fagbile would continue to be employed by the Company as he had in the past.Ms. Cormier then arranged to have Mr. Fagbile taken off the Company payroll. He was still paidbya cheque from the Companybut all remittances and deductions resulting from thepayments wereremitted using the new business number.