The BC Human Rights Tribunal held that employment under the Human Rights Code turns on actual dependence and control, not just which contractor issues a worker's paycheque or the formal structure of a construction project. It allowed the discrimination complaint to proceed against Bonatti and the project partnership while dismissing it against Kiewit for lack of evidence of employment control, without deciding whether discrimination occurred.
Case card
Fraser v. Bonatti Canada Construction Inc. and others, 2026 BCHRT 209
Source reviewed · Court holding
Held. The BC Human Rights Tribunal held that employment under the Human Rights Code turns on actual dependence and control, not just which contractor issues a worker's paycheque or the formal structure of a construction project.
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