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Truck Drivers: Told You’re an Independent Contractor? The Law Might Say Otherwise - De Bousquet Professional Corporation Blog
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Truck Drivers: Told You’re an Independent Contractor? The Law Might Say Otherwise

If you drive for just one company — even if you’re using your own truck and your own business — the law might say you’re not truly independent. And that means you could have legal rights you didn’t know about.

A recent court case from British Columbia is changing how we look at this. And it could affect truckers across Canada — including Ontario.

What Happened in the Case

A driver named Boris Ursic worked for Country Lumber Ltd. for 14 years. He used his own company, owned his trucks, and even hired some drivers. But he only worked for Country Lumber — no one else.

One day, Country Lumber ended the relationship without giving him notice or severance pay.

Ursic took them to court — and he won.

The judge said Ursic was not really running an independent business. He was a dependent contractor — someone who looks self-employed on paper but is really working under a company’s control. The company was ordered to pay him 16 months of compensation.

What’s a Dependent Contractor?

You might not be an independent contractor if:

  • You drive mostly or only for one company.
  • That company tells you when to work and where to go.
  • You have their logo or rules on your truck or paperwork.
  • You don’t have other clients.
  • You depend on them for your income.

Even if you are incorporated and send invoices — you might not be legally “independent.”

And if you are a dependent contractor, the company might owe you money if they let you go without notice.

Quick Checklist: Could This Be You?

  • Do you work full-time for one company?
  • Can you turn down loads?
  • Can you take work from other companies?
  • Who sets your schedule — you or them?
  • Do you have your own customers?
  • Do you wear their uniform, use their name, or follow their delivery rules?

If the company is calling the shots and you’re depending on them to make a living, you might have legal rights.

What About Ontario Truckers?

This B.C. case is a warning — and Ontario courts have similar rules.

The CRA and Ontario courts say it doesn’t matter what your contract calls you — what matters is how you actually work.

If you’re under the company’s control and can’t really act like your own boss, you may be legally entitled to notice or pay if they end things.

Why It Matters

Many truckers are told they are “independent” so companies can avoid paying certain benefits and severance. But if you’re treated like an employee, the law protects you — even if you’re incorporated or using your own truck.

Need Help?

Give our office a call. The lawyers at De Bousquet PC are here to support Ontario workers. Whether you’re reviewing a contract or dealing with a workplace issue, we can help you understand your rights and your options.

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