Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al., 2010 ABCA 243

JudgeConrad, Martin and McDonald, JJ.A.
CourtCourt of Appeal (Alberta)
Case DateMay 07, 2010
Citations2010 ABCA 243;(2010), 490 A.R. 121 (CA)

Nabors Can. Ltd. v. WCBAC (2010), 490 A.R. 121 (CA);

      497 W.A.C. 121

MLB headnote and full text

Temp. Cite: [2010] A.R. TBEd. OC.012

Nabors Canada Ltd. (appellant/applicant) v. Appeals Commission for Alberta, Workers' Compensation, Workers' Compensation Board, Curtis Jaffray and the Estate of Jared Hicks (respondents/respondents)

(0901-0139-AC; 2010 ABCA 243)

Indexed As: Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al.

Alberta Court of Appeal

Conrad, Martin and McDonald, JJ.A.

October 4, 2010.

Summary:

Nabors Canada Ltd. employees had permission to use a private road to access a rig site. Two employees who were returning to work after a New Years Eve celebration had an accident on the road. One employee died and one was seriously injured. Their Workers' Compensation Act claims were accepted. In denying Nabors' appeal, the Workers' Compensation Board (WCB) Appeals Commission held that the situation fell within the policy adopted by the WCB for injuries incurred during work-related travel. Nabors appealed.

The Alberta Court of Queen's Bench dismissed the appeal. Nabors appealed.

The Alberta Court of Appeal dismissed the appeal.

Statutes - Topic 2603

Interpretation - Interpretation of words and phrases - Modern rule (incl. interpretation by context) - Intention from whole of section or statute - [See Workers' Compensation - Topic 1071 ].

Workers' Compensation - Topic 1071

Boards - Jurisdiction - Policies - Nabors Canada Ltd. employees had permission to use a private road to access a rig site - Two employees who were returning to work after a New Years Eve celebration had an accident on the road - One employee died and one was seriously injured - Their Workers' Compensation Act claims were accepted - In denying Nabors' appeal, the Workers' Compensation Board (WCB) Appeals Commission held that the situation fell within the policy adopted by the WCB for injuries incurred during work-related travel - Nabors appealed, asserting, for the first time on the appeal, that the policy was invalid - Nabors argued that the WCB's policy-making authority, which was limited under s. 6(a)(i) of the Act to "compensation policy", only applied to the determination of entitlement in the sense of the extent of the injury for which compensation was payable and not to the threshold question of whether there was a sufficient link between the injury and the employment context - The Alberta Court of Appeal dismissed the appeal - The WCB's authority to establish "compensation policy" ensured consistency and efficiency in the manner in which individual cases were determined - That authority should receive a broad interpretation, such that it included not only authority to issue policies that addressed the extent to which an injury was to be compensated, but also on topics as to whether the injury was one that entitled the claimant to compensation - The approach asserted by Nabors was inconsistent with the underlying purpose of the Act, read as a whole, and would undermine the benefits of consistency and efficiency in assessing entitlement to compensation - The policy here fell within the scope of the WCB's policy-making authority.

Workers' Compensation - Topic 5566

Compensation - Persons entitled - Employees - Acting in the course of employment - [See Workers' Compensation - Topic 1071 ].

Cases Noticed:

Shuchuk v. Workers' Compensation Board Appeals Commission (Alta.) (2007), 409 A.R. 321; 402 W.A.C. 321; 2007 ABCA 213, refd to. [para. 10].

Maple Lodge Farms Ltd. v. Canada and Canada (Minister of Economic Development), [1982] 2 S.C.R. 2; 44 N.R. 354, refd to. [para. 12].

Giant Grosmont Petroleums Ltd. et al. v. Gulf Canada Resources Ltd. et al. (2001), 286 A.R. 146; 253 W.A.C. 146; 2001 ABCA 174, refd to. [para. 12].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 12].

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. 14].

Osborn v. Workers' Compensation Board Appeals Commission (Alta.) (2009), 480 A.R. 249; 17 Alta. L.R.(5th) 321; 2009 ABQB 661, refd to. [para. 15].

Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 504 A.R. 79; 2010 ABQB 368, refd to. [para. 16].

Bell Canada v. Canadian Telephone Employees Association et al., [2003] 1 S.C.R. 884; 306 N.R. 34; 2003 SCC 36, refd to. [para. 17].

Skyline Roofing Ltd. v. Workers' Compensation Board (Alta.) et al. (2001), 292 A.R. 86 (Q.B.), refd to. [para. 19].

Macoon v. Workers' Compensation Board (Alta.) (1993), 135 A.R. 183; 33 W.A.C. 183; 7 Alta. L.R.(3d) 201 (C.A.), refd to. [para. 20].

Statutes Noticed:

Workers' Compensation Act, R.S.A. 2000, c. W-15, sect. 6(a)(i) [para. 11].

Counsel:

L.C. Snowball, for the appellant;

S.R. Hermiston, for the respondent, Appeals Commission for Alberta, Workers' Compensation;

M. Gupta, for the respondent, Workers' Compensation Board.

This appeal was heard on May 7, 2010, by Conrad, Martin and McDonald, JJ.A., of the Alberta Court of Appeal. On October 4, 2010, the court released the following reasons for judgment reserved.

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6 practice notes
  • St. Cyr v. Workers' Compensation Board Appeals Commission (Alta.), (2011) 521 A.R. 323 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 7, 2011
    ...W.A.C. 110 ; 2011 ABCA 94 , refd to. [para. 58]. Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 490 A.R. 121; 497 W.A.C. 121 ; 324 D.L.R.(4th) 747 ; 2010 ABCA 243 , refd to. [para. 60]. Michailides v. Workers' Compensation Board (Alta.) et al......
  • Parada v. Alberta (Appeals Commission for Alberta Workers’ Compensation),
    • Canada
    • Court of Appeal (Alberta)
    • February 7, 2011
    ...A.P.R. 301 ; 2003 SCC 54 , not appld. [para. 20]. Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 490 A.R. 121; 497 W.A.C. 121 ; 324 D.L.R.(4th) 747 ; 2010 ABCA 243 , refd to. [para. Milk Board (B.C.) v. Grisnich et al., [1995] 2 S.C.R. 895 ;......
  • Morgan v. Royal Newfoundland Constabulary Public Complaints Commission, 2012 NLCA 74
    • Canada
    • Newfoundland and Labrador Court of Appeal (Newfoundland)
    • May 11, 2012
    ...Uned. 21; 2012 NLCA 25, refd to. [para. 47]. Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 490 A.R. 121; 497 W.A.C. 121; 324 D.L.R.(4th) 747; 2010 ABCA 243, refd to. [para. Gedge v. Hearing Aid Practitioners Board (Nfld. and Lab.) et al. (2011),......
  • Arndt v Banerji, 2018 ABCA 176
    • Canada
    • Court of Appeal (Alberta)
    • May 9, 2018
    ...Syndrome: Workers’ Compensation Act, s. 6(a)(ii); Nabors Canada Ltd. v Alberta (Appeals Commission for Alberta Workers’ Compensation), 2010 ABCA 243 at para. 23, 35 Alta LR (5th) 21, 490 AR 121; Denton v British Columbia (Workers’ Compensation Appeal Tribunal), 2017 BCCA 403, 4 BCLR (6th) 2......
  • Request a trial to view additional results
5 cases
  • St. Cyr v. Workers' Compensation Board Appeals Commission (Alta.), (2011) 521 A.R. 323 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • July 7, 2011
    ...W.A.C. 110 ; 2011 ABCA 94 , refd to. [para. 58]. Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 490 A.R. 121; 497 W.A.C. 121 ; 324 D.L.R.(4th) 747 ; 2010 ABCA 243 , refd to. [para. 60]. Michailides v. Workers' Compensation Board (Alta.) et al......
  • Parada v. Alberta (Appeals Commission for Alberta Workers’ Compensation),
    • Canada
    • Court of Appeal (Alberta)
    • February 7, 2011
    ...A.P.R. 301 ; 2003 SCC 54 , not appld. [para. 20]. Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 490 A.R. 121; 497 W.A.C. 121 ; 324 D.L.R.(4th) 747 ; 2010 ABCA 243 , refd to. [para. Milk Board (B.C.) v. Grisnich et al., [1995] 2 S.C.R. 895 ;......
  • Morgan v. Royal Newfoundland Constabulary Public Complaints Commission, 2012 NLCA 74
    • Canada
    • Newfoundland and Labrador Court of Appeal (Newfoundland)
    • May 11, 2012
    ...Uned. 21; 2012 NLCA 25, refd to. [para. 47]. Nabors Canada Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2010), 490 A.R. 121; 497 W.A.C. 121; 324 D.L.R.(4th) 747; 2010 ABCA 243, refd to. [para. Gedge v. Hearing Aid Practitioners Board (Nfld. and Lab.) et al. (2011),......
  • Arndt v Banerji, 2018 ABCA 176
    • Canada
    • Court of Appeal (Alberta)
    • May 9, 2018
    ...Syndrome: Workers’ Compensation Act, s. 6(a)(ii); Nabors Canada Ltd. v Alberta (Appeals Commission for Alberta Workers’ Compensation), 2010 ABCA 243 at para. 23, 35 Alta LR (5th) 21, 490 AR 121; Denton v British Columbia (Workers’ Compensation Appeal Tribunal), 2017 BCCA 403, 4 BCLR (6th) 2......
  • Request a trial to view additional results
1 firm's commentaries
  • Alberta Employment Update - Winter 2011
    • Canada
    • Mondaq Canada
    • January 25, 2012
    ...2003, resulting in a $111,345 reward to Stonetile. Nabours Canada Ltd. v. Alberta (Appeals Commission for Alberta Workers' Compensation) 2010 ABCA 243 This appeal arises from a motor-vehicle accident in which two workers were injured on a private road. The workers were returning to their wo......

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