Lindsay v. Saskatchewan (Workers' Compensation Board)

Lindsay v. Saskatchewan (Workers' Compensation Board)

The workers' compensation legislation barred the appellant's negligence action because the injury sustained during biopsy treatment arose out of and in the course of the workplace injury and was therefore within the exclusive statutory compensation scheme, displacing a civil action against medical providers.

Citation
2000 SCC 4
Parties
Appellant: Robert Lindsay; Respondent: Workers' Compensation Board; Respondent: Dr. John Ofiesh; Respondent: Dr. Prakash Patel; Respondent: Regina District Health Board
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 January 2000
Procedural Posture
Appeal; Workers' Compensation / Final Judgment of the Supreme Court of Canada
Outcome
Appeal dismissed; judgment of the Court of Appeal and Court of Queen's Bench affirmed with costs to the respondents.
Legal Topics
Workers' Compensation Bar, Limitation of Right of Action, Medical Negligence, Occupational Injury
Source Language
English
Labour Law Tort Administrative Law Workers' Compensation Bar Limitation of Right of Action Medical Negligence Occupational Injury

Case Brief

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Parties

Robert Lindsay

Appellant

Workers' Compensation Board

Respondent

Dr. John Ofiesh

Respondent

Dr. Prakash Patel

Respondent

Regina District Health Board

Respondent

Procedural Posture

Appeal; Workers' Compensation / Final Judgment of the Supreme Court of Canada

Legal Issues

  1. 1 Whether workers' compensation legislation bars a civil negligence action for injury suffered during medical treatment for a workplace injury
  2. 2 Whether a subsequent injury during diagnostic or therapeutic care is compensable under the workers' compensation scheme
  3. 3 Whether statutory exclusivity of the compensation scheme displaces common law remedies against non‑employer medical providers

Ratio Decidendi

The workers' compensation legislation barred the appellant's negligence action because the injury sustained during biopsy treatment arose out of and in the course of the workplace injury and was therefore within the exclusive statutory compensation scheme, displacing a civil action against medical providers.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal and Court of Queen's Bench affirmed with costs to the respondents.

Orders

  • Appeal dismissed.
  • Judgment of the Saskatchewan Court of Appeal and the Court of Queen's Bench affirmed.