LeBlanc v. Workplace Health, Safety and Compensation Commission (N.B.), (2012) 393 N.B.R.(2d) 245 (CA)

• Judge: Richard, Bell and Quigg, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 14, 2012
• Jurisdiction: New Brunswick
• Citations: (2012), 393 N.B.R.(2d) 245 (CA);2012 NBCA 82

LeBlanc v. WHSCC (2012), 393 N.B.R.(2d) 245 (CA);

    393 R.N.-B.(2e) 245; 1017 A.P.R. 245

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2012] N.B.R.(2d) TBEd. SE.041

Renvoi temp.: [2012] N.B.R.(2d) TBEd. SE.041

Christopher LeBlanc (appellant) v. Workplace Health, Safety and Compensation Commission (respondent)

(16-12-CA; 2012 NBCA 82)

Indexed As: LeBlanc v. Workplace Health, Safety and Compensation Commission (N.B.)

Répertorié: LeBlanc v. Workplace Health, Safety and Compensation Commission (N.B.)

New Brunswick Court of Appeal

Richard, Bell and Quigg, JJ.A.

September 20, 2012.

Summary:

Résumé:

LeBlanc was a long haul truck driver. The day after a snowstorm, he received a telephone call at home from his employer asking him to do a trip from New Brunswick to Ontario. LeBlanc's truck was at home at the time. While LeBlanc was getting his truck ready, which included snow removal and mandatory inspection, he fell and hurt his back. He applied for workers' compensation benefits.

The Workplace Health, Safety and Compensation Commission dismissed the application. LeBlanc appealed.

The Appeals Tribunal of the Workplace Health, Safety and Compensation Commission dismissed the appeal. LeBlanc appealed.

The New Brunswick Court of Appeal allowed the appeal.

Workers' Compensation - Topic 22

General principles - Nature of workers' compensation - LeBlanc was a long haul truck driver - The day after a snowstorm, he received a telephone call at home from his employer asking him to do a trip from New Brunswick to Ontario - LeBlanc's truck was at home at the time - While LeBlanc was getting his truck ready, which included snow removal and mandatory inspection, he fell and hurt his back - He applied for workers' compensation benefits - In affirming the denial of LeBlanc's application, the Appeals Tribunal of the Workplace Health, Safety and Compensation Commission stated as follows: "How is an employer to control all risks in such a situation? According to the Appeals Board, the fall is nothing more than a simple fall any person could take in the same circumstances" - The New Brunswick Court of Appeal quashed the decision - The Appeals Tribunal considered tort principles in its determination of whether or not LeBlanc was injured in the course of his employment - The application of tort principles was not appropriate in a no fault scheme - See paragraphs 17 to 19.

Workers' Compensation - Topic 5566

Compensation - Persons entitled - Employees - Acting in the course of employment - LeBlanc was a long haul truck driver - The day after a snowstorm, he received a telephone call at home from his employer asking him to do a trip from New Brunswick to Ontario - LeBlanc's truck was at home at the time - While LeBlanc was getting his truck ready, which included snow removal and mandatory inspection, he fell and hurt his back - The New Brunswick Court of Appeal held that LeBlanc was in the course of his employment at the time of the accident - See paragraphs 1 to 16.

Accidents du travail - Cote 22

Principes généraux - Nature de l'indemnisation des accidents du travail - [Voir Workers' Compensation - Topic 22 ].

Accidents du travail - Cote 5566

Indemnisation - Personnes qui y ont droit - Employés - Agissant au cours de l'emploi - [Voir Workers' Compensation - Topic 5566 ].

Cases Noticed:

Thibodeau v. Workers' Compensation Board (N.B.) (1992), 129 N.B.R.(2d) 271; 325 A.P.R. 271 (C.A.), consd. [para. 6].

Saint John (City) v. Workplace Health, Safety and Compensation Commission (N.B.) et al. (2008), 338 N.B.R.(2d) 213; 866 A.P.R. 213; 2008 NBCA 83, refd to. [para. 7].

Fundy Linen Service Inc. v. Workplace Health, Safety and Compensation Commission (N.B.) (2009), 341 N.B.R.(2d) 286; 876 A.P.R. 286; 2009 NBCA 13, refd to. [para. 7].

Gallant v. Workplace Health, Safety and Compensation Commission (N.B.) (2000), 228 N.B.R.(2d) 98; 588 A.P.R. 98 (C.A.), refd to. [para. 7].

Canada Post Corp. v. Carroll et al. (2012), 383 N.B.R.(2d) 326; 991 A.P.R. 326; 2012 NBCA 18, refd to. [para. 7].

Keddy v. Workplace Health, Safety and Compensation Commission (N.B.) et al. (2002), 247 N.B.R.(2d) 284; 641 A.P.R. 284 (C.A.), refd to. [para. 7].

Brun v. Commission de la santé, de la sécurité et de l'indemnisation des accidents au travail (N.-B.) (1996), 183 N.B.R.(2d) 172; 465 A.P.R. 172 (C.A.), refd to. [para. 7].

VSL Canada Ltd. v. Workplace Health, Safety and Compensation Commission (N.B.) et al. (2011), 376 N.B.R.(2d) 292; 970 A.P.R. 292; 2011 NBCA 76, consd. [para. 7].

Stewart v. Workplace Health, Safety and Compensation Commission (N.B.) (2008), 331 N.B.R.(2d) 278; 849 A.P.R. 278; 2008 NBCA 45, refd to. [para. 7].

New Brunswick Power Generation Corp. v. Workplace Health, Safety and Compensation Commission (N.B.) et al. (2011), 374 N.B.R.(2d) 230; 965 A.P.R. 230; 2011 NBCA 47, refd to. [para. 7].

LeBreton v. Workplace Health, Safety and Compensation Commission (N.B.) (2012), 390 N.B.R.(2d) 242; 1011 A.P.R. 242; 2012 NBCA 52, refd to. [para. 7].

Authors and Works Noticed:

Keith, Norman A., Canadian Health and Safety Law, vol. 1, loose leaf (2012), pp. 1 to 5, para. 1:10 [para. 18].

Counsel:

Avocats:

Alcide A. Léger, for the appellant;

Basile Chiasson, Q.C., for the respondent.

This appeal was heard on May 14, 2012, by Richard, Bell and Quigg, JJ.A., of the New Brunswick Court of Appeal. The following decision of the Court of Appeal was delivered in both official languages on September 20, 2012, by Quigg, J.A.