Canada Case Law

Choi v. Nabeel

Court

Supreme Court of British Columbia

Section 332 of the Workers Compensation Act bars actions against WorkSafeBC and its employees in respect of acts or omissions within or believed within the Board's jurisdiction; the pleaded allegations arise from the Board's adjudicative/quasi-judicial functions and therefore no private law duty of care or Charter damages remedy is available and Human Rights Code remedies are exclusive to the Tribunal; accordingly the amended notice of civil claim discloses no reasonable cause and is struck without leave to amend.

Source excerpt

• Statutory immunity
• Judicial review
• Failure to accommodate
• Quasi-judicial functions
• Charter damages
• Motion to strike (no reasonable cause)

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Pickering v. Workers’ Compensation Board

Court

Supreme Court of British Columbia

The court upheld the higher causation standard for chronic mental disorder claims but found the labour relations exclusion overbroad and read it down.

• Section 15 charter equality
• Section 1 oakes justification
• Causation standards (predominant cause v causative significance)
• Labour relations exclusion
• Remedies (reading down, remittance)
• Expert statistical evidence

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Pereira v. British Columbia (Workers’ Compensation Board)

Court

Supreme Court of British Columbia

The court dismissed Ms. Pereira’s judicial review, finding WorkSafeBC reasonably assessed the employer’s investigation duties and no monetary penalty was required.

• Judicial review
• Procedural fairness
• Employer investigation duties
• Workplace bullying and harassment
• Penalty assessment
• Due diligence

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The Board of Trustees of the Nova Scotia Public Service Long Term Disability Fund v. Garnier

Court

Supreme Court of Nova Scotia

The court held it has discretion under Rule 79.08(3) to increase the default 15% garnishment where just and appropriate, weighed relevant factors (debtor's financial circumstances, conduct, nature of debt, existence of significant non-garnishable income and tax refunds and transfers by debtor), and concluded that, on the facts before it, increasing garnishment to 50% of gross wages was just while denying the request for 100%; the court awarded costs to the Trustees and required parties to resolve costs or make brief submissions within 30 days.

Source excerpt

• Garnishment
• Execution order
• Wage exemption
• Reimbursement of ltd benefits
• Discretion under rule 79.08(3)
• Workers' compensation act s.77 approval

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Legere v. Nova Scotia (Workers’ Compensation Appeals Tribunal)

Court

Nova Scotia Court of Appeal

The Court declined to answer the stated cases because legislative amendment (Bill 332) removed the disputed exclusion and thereby eliminated the live controversy and practical utility of a Court opinion; accordingly, s.206 does not preclude the Court from exercising its discretion to refuse a stated case, particularly where the Court's answer would have no precedential effect and the issues fall within WCAT's competence.

Source excerpt

• Charter s.15 equality
• Stated case procedure
• Justiciability and mootness
• Statutory amendment and prospective effect
• Declaratory relief
• Statutory interpretation

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Titus v. Nova Scotia (Workers’ Compensation Appeals Tribunal)

Court

Nova Scotia Court of Appeal

Because the EERB determination was not final and remained under appeal, the s.73 36-month and 24-month reviews did not bar consideration of mitigation under s.84; s.73 reviews should occur after a final determination of the EERB, and WCAT did not err in finding the EERB was a live issue and could be reduced for failure to mitigate.

Source excerpt

• Extended earnings replacement benefit (eerb)
• Statutory review provisions (s.73)
• Mitigation obligation (s.84)
• Finality and jurisdiction of appeals
• Admissibility of evidence/remittal to board

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Pannu v. Behnke

Court

Supreme Court of British Columbia

Trial judgment in two motor vehicle actions: Wong’s claim was dismissed, and Behnke was held fully liable for Pannu’s injuries and damages.

• Causation
• Apportionment
• Indivisible injuries
• Non-pecuniary damages
• Future earning capacity
• Admissibility of business records

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Nagra v. Coast Mountain Bus Company (TransLink)

Court

Supreme Court of British Columbia

The court struck Gurpreet Nagra’s civil claim against his former employer and union, finding the pleading deficient and the dispute within exclusive statutory forums.

• Wrongful dismissal
• Duty of fair representation
• Exclusive tribunal jurisdiction
• Striking pleadings
• Workers' compensation claims
• Employment standards enforcement

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Dodd's Furniture Ltd. v. Singh et al.

Court

Supreme Court of British Columbia

The court dismissed judicial review of a human rights decision, holding ex turpi causa did not bar the discrimination claim and the Tribunal’s factual findings were supported by evidence.

• Disability discrimination
• Ex turpi causa
• Standard of review
• Tribunal fact‑finding
• Costs
• Disability-discrimination

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Edwards v. British Columbia (Workers' Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

The court set aside part of a WCAT decision after finding it unreasonably narrowed the worker’s pre-existing condition and ignored evidence of an acute-on-chronic back pain aggravation.

• Aggravation of pre-existing condition
• Standard of review (patent unreasonableness)
• Interpretation and application of board policy c3-16.00
• Weight and treatment of medical evidence
• Discretion to obtain further medical opinion
• Judicial-review

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