Fillatre v. Sharpe (Robert) and Sons Ltd. et al., (1972) 2 Nfld. & P.E.I.R. 583 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: March 13, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 583 (NFSC)

Fillatre v. Sharpe and Sons (1972), 2 Nfld. & P.E.I.R. 583 (NFSC)

MLB headnote and full text

Fillatre v. Robert Sharpe and Sons Ltd. et al.

Indexed As: Fillatre v. Sharpe (Robert) and Sons Ltd. et al.

Newfoundland Supreme Court

At Trial

Higgins, J.

March 13, 1972.

Summary:

The trial court granted an application by the defendant for an order staying a civil action. The stay was granted pending a decision on whether the plaintiff's action was barred under Section 12(1) of the Workmen's Compensation Act. The trial court held that the Workmen's Compensation Board had exclusive jurisdiction to decide the question.

The plaintiff was a grader operator for the department of Highways. He was struck by a vehicle driven by an employee of a private company. Both employees were acting within the scope of their employment and both employers were covered by the Workmen's Compensation Act. The plaintiff brought an action for personal injuries, loss of wages and expenses.

The trial court held that the action could not proceed until an application was made to the Workmen's Compensation Board to determine whether the right to bring the action was removed by the Workmen's Compensation Act.

Workers' Compensation - Topic 106

Effect of statute on other causes of Action - Action by employer or employee against employer covered by Act - Workmen's compensation Act, sections 11(1), 12(1) and 12(3) - Motor vehicle accident between employees of two different employers - Both employers covered by workmen's compensation Act - Whether Action of employee barred - Trial court held determination of whether Action was barred was within jurisdiction of workmen's compensation board.

Cases Noticed:

Forget et al. v. Mack Trucks Manufacturing Company of Canada Limited, 16 D.L.R. (3d) 384, folld.

Statutes Noticed:

Workmen's Compensation Act, S.N. 1962, c. 32.

Counsel:

Edward P. Poole, for the plaintiff;

Thomas J. 0'Reilly, for the Defendants.