Plesner v. British Columbia Hydro and Power Authority

Plesner v. British Columbia Hydro and Power Authority

Majority (Prowse, Frankel): The requirement of a 'traumatic event' in s.5.1(1)(a) when read together with Policy Item #13.30 imposes differential treatment on workers with purely mental work-related injuries on the basis of mental disability, perpetuates stigma and deprives them of equal benefit of the law contrary to s.15(1); that breach is not justified under s.1; the appropriate remedy is to sever and declare of no force and effect the specified portions of Policy 13.30 and remit the compensation issue to WCAT. Dissent (Ryan): would have dismissed the Charter challenge and upheld the provisions as a permissible line-drawing exercise for causation/cost control.

Citation
2009 BCCA 188
Parties
Appellant / Petitioner: Peter Plesner; Respondent / Employer: British Columbia Hydro and Power Authority; Respondent / Tribunal: Workers' Compensation Appeal Tribunal; Respondent / Board: Workers' Compensation Board of British Columbia
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
30 April 2009
Procedural Posture
Judicial Review and Appeal to Court of Appeal / Appeal Final Disposition by Court of Appeal
Outcome
Appeal allowed (majority). Court declared specified portions of Policy Item #13.30 to contravene s.15(1) of the Charter and be of no force and effect, severed those provisions, set aside WCAT's decision and remitted the issue of the appellant's compensation to WCAT for reconsideration consistent with the judgment.
Legal Topics
Charter S.15 Equality Challenge, Charter S.1 Justification, Workers Compensation Act S.5.1 Mental Stress, Policy Interpretation (policy 13.30), Standard of Review/privative Clause, Remedies Severance and Declaration
Source Language
English
Administrative Law Constitutional Law Employment/workers' Compensation Law Human Rights Law Charter S.15 Equality Challenge Charter S.1 Justification Workers Compensation Act S.5.1 Mental Stress Policy Interpretation (policy 13.30) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Peter Plesner

Appellant / Petitioner

British Columbia Hydro and Power Authority

Respondent / Employer

Workers' Compensation Appeal Tribunal

Respondent / Tribunal

Workers' Compensation Board of British Columbia

Respondent / Board

Procedural Posture

Judicial Review and Appeal to Court of Appeal / Appeal Final Disposition by Court of Appeal

Legal Issues

  1. 1 Whether s.5.1 of the Workers Compensation Act and Policy Item #13.30 discriminate against workers with purely mental injuries contrary to s.15(1) of the Charter
  2. 2 Whether any proven s.15(1) violation can be justified under s.1 of the Charter
  3. 3 Whether WCAT's application of Policy 13.30 was patently unreasonable (abandoned by appellant)

Ratio Decidendi

Majority (Prowse, Frankel): The requirement of a 'traumatic event' in s.5.1(1)(a) when read together with Policy Item #13.30 imposes differential treatment on workers with purely mental work-related injuries on the basis of mental disability, perpetuates stigma and deprives them of equal benefit of the law contrary to s.15(1); that breach is not justified under s.1; the appropriate remedy is to sever and declare of no force and effect the specified portions of Policy 13.30 and remit the compensation issue to WCAT. Dissent (Ryan): would have dismissed the Charter challenge and upheld the provisions as a permissible line-drawing exercise for causation/cost control.

Court Disposition

Appeal allowed (majority). Court declared specified portions of Policy Item #13.30 to contravene s.15(1) of the Charter and be of no force and effect, severed those provisions, set aside WCAT's decision and remitted the issue of the appellant's compensation to WCAT for reconsideration consistent with the judgment.

Orders

  • Allow appeal and set aside the decision of the chambers judge and WCAT (per majority opinion)
  • Declare the specified provisions of Policy Item #13.30 (as highlighted in Schedule A to the judgment) to contravene s.15(1) of the Canadian Charter and to be of no force and effect