Logan v. Workers' Compensation Appeals Tribunal (N.S.) et al., 2006 NSCA 88

• Judge: Cromwell, Saunders and Oland, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: April 20, 2006
• Jurisdiction: Nova Scotia
• Citations: 2006 NSCA 88;(2006), 246 N.S.R.(2d) 147 (CA)

Logan v. WCAT (2006), 246 N.S.R.(2d) 147 (CA);

    780 A.P.R. 147

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. JL.008

Joanne Logan (appellant) v. Nova Scotia Workers' Compensation Appeals Tribunal and the Workers' Compensation Board of Nova Scotia (respondents) and Alliance of Manufacturers & Exporters, Canada, c.o.b. as Canadian Manufacturers Association, Nova Scotia Division ("CME-NS") (intervenor)

(CA 257902; 2006 NSCA 88)

Indexed As: Logan v. Workers' Compensation Appeals Tribunal (N.S.) et al.

Nova Scotia Court of Appeal

Cromwell, Saunders and Oland, JJ.A.

July 19, 2006.

Summary:

The Workers' Compensation Appeals Tribunal held that a wrongful dismissal could not be an "accident" for workers' compensation purposes and dismissed Logan's claim for benefits. Logan appealed.

The Nova Scotia Court of Appeal dismissed the appeal.

Statutes - Topic 2601

Interpretation - Interpretation of words and phrases - Modern rule (incl. interpretation by context) - General principles - The Nova Scotia Court of Appeal referred to the statement that "The words of a statute are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of the Legislature" - The court stated that "This purposive and contextual approach developed by the courts is confirmed and reinforced by s. 9(5) of the Interpretation Act ... It directs that every enactment shall be deemed remedial and interpreted to insure the attainment of its objects. Several factors are to be considered, including the occasion and necessity for the enactment, the object to be attained and the history of the legislation on the subject. Workers' compensation legislation, in particular, should be liberally interpreted, consistent with its intention to provide a comprehensive, no fault system of compensation for workplace injuries" - See paragraph 39.

Workers' Compensation - Topic 8

General principles - Definitions - Accident or employment injury defined - The Nova Scotia Court of Appeal held that the Workers' Compensation Appeals Tribunal was correct to hold that a wrongful dismissal was not an accident for workers' compensation purposes - See paragraphs 37 to 55.

Workers' Compensation - Topic 61

General principles - Interpretation - General - [See Statutes - Topic 2601 ].

Workers' Compensation - Topic 5603

Compensation - Compensable injuries and disabilities - Accident - [See Workers' Compensation - Topic 8 ].

Workers' Compensation - Topic 5603

Compensation - Compensable injuries and disabilities - Accident - Section 2(a) of the Workers' Compensation Act defined "accident" as including "(i) a wilful and intentional act, not being the act of the worker claiming compensation, (ii) a chance event occasioned by a physical or natural cause, or (iii) disablement, including occupational disease, arising out of and in the course of employment, but does not include stress other than an acute reaction to a traumatic event" - The Nova Scotia Court of Appeal held that whether an event was traumatic was to be assessed from an objective point of view, that of a reasonable person - See paragraphs 58 to 91.

Workers' Compensation - Topic 7086.1

Practice - Appeals to the courts - Scope of appeal or review - The Workers' Compensation Appeals Tribunal (WCAT) held that a wrongful dismissal could not be an "accident" for workers' compensation purposes and dismissed Logan's claim for benefits - Logan appealed - The Nova Scotia Court of Appeal stated that there were three issues and different standards of review applied to them - The first two issues concerned WCAT's decision to apply an objective test to determine whether there had been a "traumatic event" and its conclusion that a termination of employment could not be a traumatic event - These issues were to be reviewed on appeal for correctness - The third issue, WCAT's decision that the particular events in issue here were not traumatic, was to be reviewed for reasonableness - See paragraphs 15 to 36.

Words and Phrases

Accident - The Nova Scotia Court of Appeal interpreted the meaning of this word as found in s. 2(a) of the Workers' Compensation Act, S.N.S. 1994-95, c. 10 - See paragraphs 37 to 55.

Cases Noticed:

D.W. v. Workplace Health, Safety and Compensation Commission (N.B.) et al. (2005), 288 N.B.R.(2d) 26; 751 A.P.R. 26; 257 D.L.R.(4th) 594; 2005 NBCA 70, refd to. [para. 10].

Nova Scotia (Minister of Transportation and Public Works) v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2005), 231 N.S.R.(2d) 390; 733 A.P.R. 390 (C.A.), refd to. [para. 17].

Puddicombe - see Nova Scotia (Minister of Transportation and Public Works) v. Workers' Compensation Appeals Tribunal (N.S.) et al.

Workers' Compensation Board (N.S.) v. Martin et al., [2003] 2 S.C.R. 504; 310 N.R. 22; 217 N.S.R.(2d) 301; 683 A.P.R. 301, refd to. [para. 19].

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170, refd to. [para. 20].

Dr. Q. v. College of Physicians and Surgeons (B.C.) - see Dr. Q., Re.

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 26].

Ferneyhough v. Workers' Compensation Appeals Tribunal (N.S.) (2000), 189 N.S.R.(2d) 76; 590 A.P.R. 76 (C.A.), refd to. [para. 27].

Dipersio v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2004), 228 N.S.R.(2d) 134; 723 A.P.R. 134 (C.A.), refd to. [para. 27].

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982; 226 N.R. 201, addendum [1998] 1 S.C.R. 1222, refd to. [para. 30].

Halifax Employers Association v. International Longshoremen's Association, Local 269 (2004), 226 N.S.R.(2d) 159; 714 A.P.R. 159 (C.A.), refd to. [para. 30].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207, refd to. [para. 35].

Granite Environmental Inc. v. Labour Relations Board (N.S.) et al. (2005), 238 N.S.R.(2d) 59; 757 A.P.R. 59 (C.A.), refd to. [para. 36].

Bell ExpressVu Limited Partnership v. Rex et al., [2002] 2 S.C.R. 559; 287 N.R. 248; 166 B.C.A.C. 1; 271 W.A.C. 1, refd to. [para. 39].

Workmen's Compensation Board (N.B.) v. Theed, [1940] S.C.R. 553, refd to. [para. 39].

Workers' Compensation Appeal Board (N.S.) v. Penney (1980), 38 N.S.R.(2d) 623; 69 A.P.R. 623 (C.A.), refd to. [para. 39].

Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701; 219 N.R. 161; 123 Man.R.(2d) 1; 159 W.A.C. 1, refd to. [para. 41].

Prinzo v. Baycrest Centre for Geriatric Care (2002), 161 O.A.C. 302; 60 O.R.(3d) 474 (C.A.), refd to. [para. 47].

Pasiechnyk et al. v. Procrane Inc. et al., [1997] 2 S.C.R. 890; 216 N.R. 1; 158 Sask.R. 81; 153 W.A.C. 81, refd to. [para. 51].

Pasiechnyk v. Workers' Compensation Board (Sask.) - see Pasiechnyk et al. v. Procrane Inc. et al.

Canada Post Corp. v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2004), 222 N.S.R.(2d) 191; 701 A.P.R. 191 (C.A.), refd to. [para. 70].

Children's Aid Society of Cape Breton-Victoria v. Workers' Compensation Appeals Tribunal (N.S.) et al. (2005), 230 N.S.R.(2d) 278; 729 A.P.R. 278 (C.A.), refd to. [para. 75].

Workplace Health, Safety and Compensation Commission (Nfld.) v. Smith et al. (2000), 194 Nfld. & P.E.I.R. 159; 584 A.P.R. 159 (Nfld. T.D.), refd to. [para. 77].

Metropolitan Entertainment Group v. Durnford et al. (2000), 188 N.S.R.(2d) 318; 587 A.P.R. 318 (C.A.), refd to. [para. 84].

Arndt et al. v. Smith, [1997] 2 S.C.R. 539; 213 N.R. 243; 92 B.C.A.C. 185; 150 W.A.C. 185, refd to. [para. 89].

Statutes Noticed:

Workers' Compensation Act, S.N.S. 1994-95, c. 10, sect. 2(a) [para. 38].

Authors and Works Noticed:

American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) (4th Ed. 1994), generally [para. 74].

Dee, Garth, and Newhouse, Gary, Butterworths Workers' Compensation in Ontario Service (2006 Looseleaf Update), vol. 1, paras. 1.1 to 1.33 [para. 51].

Driedger, Elmer A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 39].

Nova Scotia, Minister of Labour, Discussion Paper, Workers' Compensation in Nova Scotia: Proposals for Reform (October 6, 1994), p. 14 [para. 53].

Counsel:

Kenneth LeBlanc and Patricia Dunn, for the appellant;

Loanne Labelle, for the respondent Workers' Compensation Appeals Tribunal;

David Farrar, Q.C., and Daniela Bassan, for the respondent, Workers' Compensation Board;

Peter McLellan, Q.C., and Robert Patzelt, Q.C., for the intervenor.

This appeal was heard at Halifax, N.S., on April 20, 2006, by Cromwell, Saunders and Oland, JJ.A., of the Nova Scotia Court of Appeal. Cromwell, J.A., delivered the following reasons for judgment for the court on July 19, 2006.