Workmen's Compensation Board v. The Bathurst Co.

Workmen's Compensation Board v. The Bathurst Co.

Section 61 does not, by mere default, permanently place an employer under Part II nor give the employer an election to escape Part I; the Board may proceed to estimate and assess the employer under s.57(2) while the default continues, and the employer remains liable for assessments and for the capital value of...

Source-derived case information.

Citation
[1924] SCR 216
Parties
Appellant/defendant: Workmen's Compensation Board; Respondent/plaintiff: The Bathurst Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 March 1924
Procedural Posture
Appeal / On Appeal to the Supreme Court of Canada From the Appeal Division of the Supreme Court of New Brunswick
Outcome
Appeal allowed; respondent's action dismissed with costs
Legal Topics
Construction of Workmen's Compensation Act, Assessment and Collection Powers of Board, Effect of Employer Default Under S.61, Part I Versus Part II Liabilities
Source Language
english
Workmen's Compensation Statutory Interpretation Administrative Law Labour Law Construction of Workmen's Compensation Act Assessment and Collection Powers of Board Effect of Employer Default Under S.61 Part I Versus Part II Liabilities

Source-derived case record

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Parties

Workmen's Compensation Board

Appellant/defendant

The Bathurst Company

Respondent/plaintiff

Procedural Posture

Appeal / On Appeal to the Supreme Court of Canada From the Appeal Division of the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether an employer who fails to furnish the estimate required by s.48 is during the continuance of that default placed permanently under Part II and thereby exempt from assessment under Part I
  2. 2 Whether s.61 gives the employer an election to be governed by Part II by mere default or whether the Board may proceed to estimate and assess under s.57(2) despite the default
  3. 3 Whether a default ceases when the Board levies an amount based on its own estimate

Ratio Decidendi

Section 61 does not, by mere default, permanently place an employer under Part II nor give the employer an election to escape Part I; the Board may proceed to estimate and assess the employer under s.57(2) while the default continues, and the employer remains liable for assessments and for the capital value of compensation under s.61(2) unless relieved under s.61(4).

Court Disposition

Appeal allowed; respondent's action dismissed with costs

Orders

  • Appeal allowed
  • Action dismissed with costs in favour of appellant