Hagen v. Thompson Valley Insurance Agency Ltd. et al., (1993) 37 B.C.A.C. 93 (CA)

• Judge: Taylor, Hinds and Rowles, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: October 22, 1993
• Jurisdiction: British Columbia
• Citations: (1993), 37 B.C.A.C. 93 (CA)

Hagen v. Thompson Valley Ins. (1993), 37 B.C.A.C. 93 (CA);

    60 W.A.C. 93

MLB headnote and full text

Irene A. Hagen (plaintifff/respondent) v. Thompson Valley Insurance Agency Ltd., doing business as Barton Black & Robertson and the same Barton Black & Robertson (defendants/appellants)

(CA015943)

Indexed As: Hagen v. Thompson Valley Insurance Agency Ltd. et al.

British Columbia Court of Appeal

Taylor, Hinds and Rowles, JJ.A.

October 22, 1993.

Summary:

The plaintiff employee sued her employer for damages under s. 3 of the Occupiers Liability Act respecting injuries suffered in a fall at work. The trial judge allowed the action and assessed damages. The employer appealed the issue of liability.

The British Columbia Court of Appeal dismissed the appeal.

Workers' Compensation - Topic 5603

Compensation - Compensable injuries and disabilities - Accident - A part-time insurance agency employee, distracted by a customer's toddler attracted by computer equipment, stepped backwards from a service counter, caught her high-heel on a telephone cord, and fell backwards, breaking her wrist - The cord was connected to one of two "monuments" located on the floor in the narrow passageway between her desk and the counter, about which she had already complained - The British Columbia Court of Appeal affirmed that the employee could recover damages from the employer under s. 103(1) of the Workers Compensation Act, as a result of injury caused by a defect in the condition or arrangement of the premises - The court affirmed the employee was not contributorily negligent - See paragraphs 9 to 24.

Cases Noticed:

Hoffman v. Moses et al. (1991), 4 B.C.A.C. 210; 9 W.A.C. 210; 59 B.C.L.R.(2d) 184 (C.A.), refd to. [para. 4].

Lewis v. Nisbet & Auld Ltd., [1934] S.C.R. 333, refd to. [para. 15].

Statutes Noticed:

Occupiers' Liability Act, R.S.B.C. 1979, c. 303, sect. 3 [paras. 2-3].

Workers' Compensation Act, R.S.B.C. 1979, c. 437, Part 2 [paras. 4-7, 14]; sect. 71(1) [para. 18]; sect. 102 [para. 14]; sect. 103(1) [paras. 14-15, 19, 21]; sect. 103(4) [para. 14]; sect. 105 [paras. 14, 22].

Workers' Compensation Act Regulations (B.C.), Health and Safety Regulations, reg. 8.50 [para. 17].

Counsel:

S.D. Dley, for the appellants;

S. Kiehlbauch and D. Zachernuk, for the respondent.

This appeal was heard in Kamloops, British Columbia, before Taylor, Hinds and Rowles, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on October 22, 1993, and the following opinions were filed:

Hinds, J.A. - see paragraphs 1 to 26;

Taylor, J.A. - see paragraphs 27, 29;

Rowles, J.A. - see paragraph 28.