Hill v. Tomandl et al., (2016) 388 B.C.A.C. 310 (YukCA)

JudgeSaunders, Groberman and Shaner, JJ.A.
CourtCourt of Appeal (Yukon Territory)
Case DateNovember 17, 2015
JurisdictionYukon
Citations(2016), 388 B.C.A.C. 310 (YukCA);2016 YKCA 5

Hill v. Tomandl (2016), 388 B.C.A.C. 310 (YukCA);

    670 W.A.C. 310

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. JN.003

Linda Hill (respondent/plaintiff) v. Jason Tomandl, Ketza Construction Corp., SNC-Lavalin Group Inc., SNC-Lavalin Inc., SNC-Lavalin Operations and Maintenance Inc. operating as SNC-Lavalin O&M (appellants/defendants) and Attorney General of Canada (intervenor)

(15-YU763; 2016 YKCA 5)

Indexed As: Hill v. Tomandl et al.

Yukon Court of Appeal

Saunders, Groberman and Shaner, JJ.A.

June 7, 2016.

Summary:

As a federal employee was entering her workplace in Whitehorse, Yukon, she was struck on the head by a piece of wood that had fallen from the building's roof. She asserted that the accident that resulted in her injury was caused by the negligence of a construction worker. Instead of claiming compensation under the Government Employees Compensation Act (GECA), the employee exercised her right under s. 9(1) of the GECA to sue the worker, the worker's employer and the building manager. The defendants applied to strike the civil claim, asserting that s. 4(2) of the GECA incorporated a provision of the Alberta Workers' Compensation Act (AWCA) that prevented actions for workplace injuries from being pursued against private sector employers and workers. Alternatively, they asserted that the Yukon Workers' Compensation Act (YWCA) and the AWCA applied directly so as to bar the action.

The Yukon Supreme Court, in a decision with neutral citation 2015 YKSC 34, dismissed the application, holding that s. 9 of the GECA would be rendered nugatory if the provincial bars on claims against employers and workers were incorporated into the regime. The court concluded that the GECA adopted provincial measures of compensation and delegated administration of the compensation regime to the provincial board, but did not adopt all of the provisions of provincial legislation governing workers' compensation. Where an employee opted under s. 9 of the GECA to proceed with a civil action, the provincial legislation had no application. The defendants appealed.

The Yukon Court of Appeal disagreed that s. 9 of the GECA would be rendered nugatory if the provincial bars on claims against employers and workers were incorporated into the regime. The court considered the context of the GECA, including its structure and its history and purpose, and concluded that s. 4 incorporated only provincial laws governing eligibility and level of compensation. Section 4(2) did not incorporate restrictions in provincial statutes on bringing civil claims. The court rejected the alternative argument that the YWCA and the AWCA applied directly. In the result, the court dismissed the appeal.

Government Programs - Topic 3605

Federal employees' compensation - General - Actions - Bars - See paragraphs 17 to 56.

Government Programs - Topic 3622

Federal employees' compensation - Entitlement - Federal v. provincial legislation - See paragraphs 17 to 56.

Statutes - Topic 1624

Interpretation - Extrinsic aids - Other statutes - Prior statutes respecting same subject matter - See paragraphs 29 to 52.

Statutes - Topic 1641

Interpretation - Extrinsic aids - Legislative history - General - See paragraphs 29 to 52.

Statutes - Topic 2601

Operation and effect - Interpretation of words and phrases - Modern rule (incl. interpretation by context) - General - See paragraphs 25 to 28.

Workers' Compensation - Topic 106

General principles - Effect of statute on other causes of action - Action by employer or employee against employer covered by Act - See paragraphs 17 to 56.

Workers' Compensation - Topic 107

General principles - Effect of statute on other causes of action - Action by employer or employee against employee of another employer covered by Act - See paragraphs 17 to 56.

Workers' Compensation - Topic 120

General principles - Effect of statute on other causes of action - Exceptions to statutory bar re civil actions - See paragraphs 17 to 56.

Workers' Compensation - Topic 4844

Election by injured party - General - Actions in tort - See paragraphs 17 to 56.

Workers' Compensation - Topic 5567

Compensation - Persons entitled - Employees - Federal employees - See paragraphs 17 to 56.

Words and Phrases

Conditions - The Yukon Court of Appeal considered the meaning of this word as used in s. 4(2) of the Government Employees Compensation Act, R.S.C. 1985, c. G-5 - See paragraphs 20 to 52.

Counsel:

A.D. Schmit, for the appellants, Mr. Tomandl and Ketza Construction;

K.K. Kruse, for the SNC appellants;

D.L. Fendrick, for the respondent;

S.M. Duncan (written submissions only), for the intervenor.

This appeal was heard at Whitehorse, Yukon, on November 17, 2015, by Saunders, Groberman and Shaner, JJ.A., of the Yukon Court of Appeal. Groberman, J.A., delivered the following reasons for judgment for the court at Vancouver, British Columbia, on June 7, 2016.

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1 practice notes
  • 388 B.C.A.C. Topical Index, 388 B.C.A.C. 264
    • Canada
    • August 29, 2016
    ...Programs - Topic 3605 Federal employees' compensation - General - Actions - Bars - Yukon Court of Appeal - Hill v. Tomandl et al., 388 B.C.A.C. 310; 670 W.A.C. 310 . Government Programs - Topic 3622 Federal employees' compensation - Entitlement - Federal v. provincial legislatio......
1 cases
  • 388 B.C.A.C. Topical Index, 388 B.C.A.C. 264
    • Canada
    • August 29, 2016
    ...Programs - Topic 3605 Federal employees' compensation - General - Actions - Bars - Yukon Court of Appeal - Hill v. Tomandl et al., 388 B.C.A.C. 310; 670 W.A.C. 310 . Government Programs - Topic 3622 Federal employees' compensation - Entitlement - Federal v. provincial legislatio......

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