Hofmann v. Moses et al., (1991) 4 B.C.A.C. 210 (CA)

• Judge: Southin, Taylor and Hinds, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 01, 1990
• Jurisdiction: British Columbia
• Citations: (1991), 4 B.C.A.C. 210 (CA)

Hofmann v. Moses (1991), 4 B.C.A.C. 210 (CA);

    9 W.A.C. 210

MLB headnote and full text

Lester Hofmann (plaintiff/appellant) v. Donald Cyril Moses and Donald Cyril Moses, doing business as Moses Herefords (defendant/respondent) and Insurance Corporation of British Columbia (third party)

(CA010452)

Indexed As: Hofmann v. Moses et al.

British Columbia Court of Appeal

Southin, Taylor and Hinds, JJ.A.

August 30, 1991.

Summary:

A ranch labourer was injured and rendered a paraplegic while operating a tractor during the course of his employment on a ranch run by the defendants. The labourer sued the defendants for damages for personal injuries. The trial judge dismissed the labourer's action. The labourer appealed.

The British Columbia Court of Appeal dismissed the appeal.

Master and Servant - Topic 5601

Liability of master to servant - General - A ranch labourer became a paraplegic following an injury when he was driving a tractor in the course of his employment on the defendants' ranch - On appeal he claimed to have a cause of action under Part II of the Workers' Compensation Act (B.C.) - Part II, inter alia, did away with certain common law defences precluding actions against employers - The British Columbia Court of Appeal dismissed the ranch labourer's action, where the facts precluded recovery under Part II.

Workers' Compensation - Topic 106

General principles - Effect of statute on other causes of action - Action by employee against employer covered by Act - [See Master and Servant - Topic 5601 ].

Cases Noticed:

Lewis v. Nisbet & Auld Ltd., [1934] S.C.R. 333; [1934] 3 D.L.R. 241, folld. [paras. 15 to 19].

Statutes Noticed:

Workers' Compensation Act, R.S.B.C. 1979, c. 437, sect. 103(1) [para. 9 et seq.]; sect. 103(4), sect. 104, sect. 105 [para. 14 et seq.]; Part II [para. 9 et seq.].

Workers' Compensation Act. R.S.O. 1927, c. 179, sect. 119(1), sect. 119(4), sect. 120, sect. 121 [paras. 15 to 19].

Counsel:

G. Coutlee, for the appellant;

   R.B. Lindsay and M.J. Jackson, for the respondent.

This appeal was heard in Vancouver, B.C., on November 1, 1990 and June 10 and 11, 1991, before Southin, Taylor and Hinds, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered by Hinds, J.A., on August 30, 1991.