Baigent v. Ross (John) & Sons Ltd., (2005) 237 N.S.R.(2d) 81 (CA)

• Judge: Cromwell, Oland and Fichaud, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: September 16, 2005
• Jurisdiction: Nova Scotia
• Citations: (2005), 237 N.S.R.(2d) 81 (CA);2005 NSCA 128

Baigent v. Ross & Sons Ltd. (2005), 237 N.S.R.(2d) 81 (CA);

    754 A.P.R. 81

MLB headnote and full text

Temp. Cite: [2005] N.S.R.(2d) TBEd. OC.019

John Ross & Sons Ltd. (appellant) v. Workers' Compensation Appeals Tribunal, Workers Compensation Board of Nova Scotia and David Baigent (respondents)

(CA 243335; 2005 NSCA 128)

Indexed As: Baigent v. Ross (John) & Sons Ltd.

Nova Scotia Court of Appeal

Cromwell, Oland and Fichaud, JJ.A.

October 12, 2005.

Summary:

Baigent was injured on the job in April 2004. He received temporary earnings replacement benefits (TERB) and medical aid under the Workers' Compensation Act. On June 29, 2004, he resumed light duties, but later that day desisted because of his injury. The next day his employer dismissed him. The Workers' Compensation Board ruled that Baigent was ineligible for TERB and medical aid after June 29, 2004. A hearing officer dismissed Baigent's appeal. On further appeal, the Workers' Compensation Appeals Tribunal ruled that Baigent was entitled to TERB and Medical Aid until October 18, 2004. The employer appealed.

The Nova Scotia Court of Appeal dismissed the appeal.

Workers' Compensation - Topic 5510

Compensation - General - Considerations - Baigent was injured on the job - He received temporary earnings replacement benefits (TERB) and medical aid under the Workers' Compensation Act - On June 29, 2004, he resumed light duties, but later that day desisted because of his injury - The next day his employer dismissed him - The Workers' Compensation Board ruled that Baigent was ineligible for TERB and medical aid after June 29, 2004 - At a second level appeal, an appeals tribunal ruled that Baigent was entitled to TERB and Medical Aid until October 18, 2004 - The tribunal's decision stated, inter alia, that the employer had not made a reasonable effort to accommodate Baigent's return to work and that the duration of the TERB should include a short period for Baigent to find alternate work - The Nova Scotia Court of Appeal stated that neither the Act nor the Regulations and policies authorized by the Act provided that Baigent (who had been employed for under 12 months) was entitled to compensation either for the employer's breach of any duty to accommodate or for a period to permit him to find alternate employment - The tribunal acknowledged that the employer had no statutory re-employment obligation - A workers' compensation claim was not a human rights claim which might involve a broader duty to accommodate - Neither was it a wrongful dismissal lawsuit with issues of reasonable notice - However, the court dismissed the appeal where the tribunal had not awarded Baigent compensation over the amount to which he was entitled under the appropriate principles of causation.

Cases Noticed:

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 15].

Workers' Compensation Board (N.S.) v. Workers' Compensation Appeals Tribunal (N.S.) and Johnstone (1999), 181 N.S.R.(2d) 247; 560 A.P.R. 247; 1999 NSCA 164, refd to. [para. 16].

Metropolitan Entertainment Group v. Durnford et al. (2000), 188 N.S.R.(2d) 318; 587 A.P.R. 318; 2000 NSCA 122, refd to. [para. 16].

Durnford v. Workers' Compensation Board (N.S.) - see Metropolitan Entertainment Group v. Durnford et al.

Brown v. Workers' Compensation Appeals Tribunal (N.S.) et al., [2000] N.S.R.(2d) Uned. 72; 2000 NSCA 101, refd to. [para. 16].

Thomson v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2003), 212 N.S.R.(2d) 81; 665 A.P.R. 81; 2003 NSCA 14, refd to. [para. 16].

Nova Scotia (Minister of Transportation and Public Works) v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2005), 231 N.S.R.(2d) 390; 733 A.P.R. 390; 2005 NSCA 62, folld. [para. 17].

Puddicombe v. Workers' Compensation Board (N.S.) - see Nova Scotia (Minister of Transportation and Public Works) v. Workers' Compensation Appeals Tribunal (N.S.) et al.

MacDonald v. Workers' Compensation Board (N.S.) et al. (2000), 191 N.S.R.(2d) 268; 596 A.P.R. 268; 2000 NSCA 134, refd to. [para. 18].

Ferneyhough v. Workers' Compensation Appeals Tribunal (N.S.) (2000), 189 N.S.R.(2d) 76; 590 A.P.R. 76; 2000 NSCA 121, refd to. [para. 18].

Workers' Compensation Board (N.S.) v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2004), 225 N.S.R.(2d) 69; 713 A.P.R. 69; 2004 NSCA 88, refd to. [para. 18].

Boyle v. Workers' Compensation Board (N.S.) - see Workers' Compensation Board (N.S.) v. Workers' Compensation Appeals Tribunal (N.S.) et al.

Dipersio v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2004), 228 N.S.R.(2d) 134; 723 A.P.R. 134; 2004 NSCA 139, refd to. [para. 18].

Michelin North America (Canada) Inc. v. Ross et al. (2002), 211 N.S.R.(2d) 273; 662 A.P.R. 273; 2002 NSCA 121, refd to. [para. 24].

Counsel:

Martha Mann, for the appellant;

Alexander MacIntosh, for the respondent, Workers' Compensation Appeals Tribunal;

Madeleine Hearns and Janet Curry, for the respondent, Workers' Compensation Board;

Anne S. Clark and Kenny LeBlanc, for the respondent, David Baigent.

This appeal was heard on September 16, 2005, at Halifax, Nova Scotia, by Cromwell, Oland and Fichaud, JJ.A., of the Nova Scotia Court of Appeal. Fichaud, J.A., delivered the following judgment for the court on October 12, 2005.