Yellow Cab Ltd. v. Board of Industrial Relations (Alta.), Alberta Union of Provincial Employees, Local 107 (Transportation and Related Workers) and Certain Owner-Operators of Yellow Cab Ltd., (1979) 20 A.R. 206 (QB)

• Judge: Decore, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 04, 1979
• Citations: (1979), 20 A.R. 206 (QB)

Yellow Cab Ltd. v. IRB (1979), 20 A.R. 206 (QB)

MLB headnote and full text

Yellow Cab Ltd. v. Board of Industrial Relations, Alberta Union of Provincial Employees, Local 107 (Transportation and Related Workers) and Certain Owner-Operators of Yellow Cab Ltd.

(108016)

Indexed As: Yellow Cab Ltd. v. Board of Industrial Relations (Alta.), Alberta Union of Provincial Employees, Local 107 (Transportation and Related Workers) and Certain Owner-Operators of Yellow Cab Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Decore, J.

December 4, 1979.

Summary:

This headnote contains no summary.

Labour Law - Topic 35

Employee - Defined - Labour Act, S.A. 1973, c. 33, s. 1(d),(e) - The Alberta Board of Industrial Relations ruled that owner-operators of taxi cabs were employees of a certain taxi company for the purposes of the Labour Act - The owner operators by their agreement with the taxi company submitted to the control of the company - They were required to abide by company regulations, paint their cars company colors, install a meter and roof light, wear a company uniform and transfer their cars to the company for licencing purposes - The Alberta Court of Queen's Bench dismissed an application by the company for an order of certiorari to quash the Board's decision and held that the Board did not err in ruling that the owner-operators were employees of the company.

Cases Noticed:

Yellow Cab Ltd. v. Alberta Labour Relations Board et al. (1979), 18 A.R. 91, appld. [para. 7].

Truckers, Cartagemen, Construction and Building Material Employees, Local 362 et al. v. Yellow Cab Ltd., [1968] C.L.L.C. 16, 033, dist. [para. 13].

Statutes Noticed:

Labour Act, S.A. 1973, c. 33, sect. 1(d), sect. 1(e) [paras. 8, 20]; sect. 1(h) [para. 20]; sect. 50 [paras. 5, 17].

Counsel:

R.A. Philp, for the Board of Industrial Relations;

R.T.G. McBain, for the Transportation and Related Workers Local Union No. 107;

J.W.K. Shortreed, for Yellow Cab Ltd.

This case was heard at Edmonton, Alberta, before DECORE, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on December 4, 1979: