Hill v. Tomandl

Hill v. Tomandl

The Court held GECA does not incorporate provincial statutory bars on civil actions against employers and workers; s.4(2) is limited to adopting provincial rules for eligibility, rates and administration of compensation, s.9 preserves an employee's right to elect a civil action against non-Crown parties, and provincial workers' compensation statutes do not apply directly to federal employees in this context (appeal dismissed).

Citation
2016 YKCA 5
Parties
Respondent/plaintiff: Linda Hill; Appellant/defendant: Jason Tomandl; Appellant/defendant: Ketza Construction Corp.; Appellant/defendant: SNC-Lavalin Group Inc.; Appellant/defendant: SNC-Lavalin Inc.; Appellant/defendant: SNC-Lavalin Operations and Maintenance Inc. operating as SNC-Lavalin O&M; Intervenor: Attorney General of Canada
Court
Yukon Court of Appeal
Jurisdiction
Canada
Judgment Date
7 June 2016
Procedural Posture
Civil Appeal / Appeal From Supreme Court of Yukon (chambers Judge Order Dated July 23, 2015)
Outcome
Appeal dismissed
Legal Topics
Government Employees Compensation Act (geca), Statutory Bar on Civil Actions by Injured Workers, Incorporation by Reference of Provincial Law, Deeming Provisions, Election to Sue Under S.9 GECA
Source Language
English
Workers' Compensation Federal Jurisdiction Tort Negligence Statutory Interpretation Government Employees Compensation Act (geca) Statutory Bar on Civil Actions by Injured Workers Incorporation by Reference of Provincial Law Deeming Provisions +1 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 15 Party arguments 2
Sign in to unlock

Parties

Linda Hill

Respondent/plaintiff

Jason Tomandl

Appellant/defendant

Ketza Construction Corp.

Appellant/defendant

SNC-Lavalin Group Inc.

Appellant/defendant

SNC-Lavalin Inc.

Appellant/defendant

SNC-Lavalin Operations and Maintenance Inc. operating as SNC-Lavalin O&M

Appellant/defendant

Attorney General of Canada

Intervenor

Procedural Posture

Civil Appeal / Appeal From Supreme Court of Yukon (chambers Judge Order Dated July 23, 2015)

Legal Issues

  1. 1 Whether GECA incorporates provincial bars on civil actions against employers and workers
  2. 2 Whether provincial workers' compensation statutes apply directly to federal employees
  3. 3 Scope of the word "conditions" in s.4(2) of the GECA

Ratio Decidendi

The Court held GECA does not incorporate provincial statutory bars on civil actions against employers and workers; s.4(2) is limited to adopting provincial rules for eligibility, rates and administration of compensation, s.9 preserves an employee's right to elect a civil action against non-Crown parties, and provincial workers' compensation statutes do not apply directly to federal employees in this context (appeal dismissed).

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to the respondent