Moffatt v. Lethbridge College et al., 2015 ABQB 394

• Judge: Sullivan, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 06, 2015
• Citations: 2015 ABQB 394;[2015] A.R. TBEd. JL.034

Moffatt v. Lethbridge College, [2015] A.R. TBEd. JL.034

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. JL.034

Scott Moffatt (applicant/appellant) v. Board of Governors of Lethbridge College, Workers' Compensation Board of Alberta, Appeals Commission for Alberta Workers' Compensation and the Minister for Justice and Attorney General of Alberta (respondents)

(1401 09199; 2015 ABQB 394)

Indexed As: Moffatt v. Lethbridge College et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Sullivan, J.

June 29, 2015.

Summary:

Moffatt enrolled in an 18-hour motorcycle training course offered by the Lethbridge College through their Continuing Education Program. Lethbridge College was a "public college" as defined in the Post-secondary Learning Act. Moffatt sustained serious personal injury during an instruction session. Moffatt filed a Statement of Claim naming the Board of Governors of Lethbridge College and the individual course instructors as defendants. Lethbridge College communicated with the Workers' Compensation Board regarding Moffatt's status as a "worker", as that would prevent him from pursuing his Statement of Claim and instead require him to seek compensation under the Workers' Compensation Act. The Appeals Commission for the Alberta Workers' Compensation Board upheld a finding that Moffatt was a "worker". Moffatt applied for judicial review of the Appeals Commission's decision. The issues were the appropriate standard of review and whether the Appeals Commission met that standard: a) in interpreting s. 7 of the Workers' Compensation Regulation so as to deem Moffatt to be a student "registered in and attending a public college or provincially-owned institution as defined in the Post-secondary Learning Act"; and/or b) in finding that Moffatt was not exempted from the Regulation by the operation of the second requirement of s. 7 of the Regulation excepting "those students who suffer accidents while engaging or participating in extra-curricular sporting, recreational, social or personal fulfilment activities which are not a current requisite or required as a part of the course of study in which the student is registered."

The Alberta Court of Queen's Bench dismissed the application for judicial review. The standard of review was reasonableness. The decision of the Appeals Commission met that standard.

Workers' Compensation - Topic 5

General principles - Definitions - Worker defined - See paragraphs 16 to 29.

Workers' Compensation - Topic 7124

Practice - Judicial review - Standard of review - See paragraphs 9 to 15.

Counsel:

Colin D. Roberts (First West Law LLP), for the applicant/appellant;

Don G. Detomasi (Scott Venturo LLP), for the respondent, Board of Governors of Lethbridge College;

Curtis Craig, for the respondent, Workers' Compensation Board;

Dale P. Wispinski, for the respondent, Appeals Commission.

This application was heard on May 6, 2015, before Sullivan, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following memorandum of decision on June 29, 2015.