University of Lethbridge v. Workers' Compensation Board Appeals Commission (Alta.), 2007 ABQB 551

• Judge: Brooker, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 19, 2006
• Citations: 2007 ABQB 551;(2007), 427 A.R. 180 (QB)

Univ. of Lethbridge v. WCBAC (2007), 427 A.R. 180 (QB)

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. SE.059

The Governors of the University of Lethbridge (applicant) v. Appeals Commission for Alberta Workers' Compensation (respondent)

(0601-02236; 2007 ABQB 551)

Indexed As: University of Lethbridge v. Workers' Compensation Board Appeals Commission (Alta.)

Alberta Court of Queen's Bench

Judicial District of Calgary

Brooker, J.

September 6, 2007.

Summary:

A university student was injured by a falling light fixture in a university library. The Workers' Compensation Board determined that the student was a "worker" under the Workers' Compensation Act, thereby barred from commencing a tort action against the university. The Appeals Commission allowed the student's appeal on the ground that she was not a "worker" as defined under the Act. The university appealed.

The Alberta Court of Queen's Bench allowed the appeal. The Commission's decision that the student was not deemed to be a "worker" and that she was not in an employment relationship at the time of the accident was unreasonable. The court remitted the matter for reconsideration. The Commission had to determine whether the student was barred from a civil action under s. 18(1) (i.e., whether the university was an employer in an industry to which the Act applied).

Administrative Law - Topic 6207

Judicial review - Statutory appeal - Scope or standard of review - Question of law or jurisdiction - [See Workers' Compensation - Topic 7086.1 ].

Workers' Compensation - Topic 5

General principles - Definitions - Worker defined - [See Workers' Compensation - Topic 7086.1 ]

Workers' Compensation - Topic 5566

Compensation - Persons entitled - Employees - Acting in the course of employment - [See Workers' Compensation - Topic 7086.1 ]

Workers' Compensation - Topic 7086.1

Practice - Appeals to the courts - Scope of appeal or review - A university student was injured by a falling light fixture in a university library - Section 1(1)(y) of the Workers' Compensation Act defined "worker" as a person who entered into or worked under a contract of service and included a "learner" and "any other person who ... is deemed to be a worker" - Section 7(1) of Regulation 427/81 under the Act empowered the Workers' Compensation Board to make an order declaring the Act to apply to university students, which the Board did in 1991 - The Appeals Commission of the Board held that the Act and Regulations could not be interpreted as to deem the student to be a "worker", as no employment or quasi-employment relationship existed - Alternatively, if the student was a "worker", the Act did not apply because her accident did not arise out of or in the course of employment - The Alberta Court of Queen's Bench held that the standard of review on a statutory appeal involving a Commission decision on a question of law was reasonableness simpliciter - The Commission's decision that an employment relationship was a prerequisite to finding that a student was deemed to be a "worker" was unreasonable - Neither the Act nor the Regulation supported that interpretation - While a definition deeming a non-worker to be a "worker" might be artificial, such result was sanctioned by the Act - Further, the finding that the student was not injured in the course of employment was unreasonable, as the Act deemed students to be employed by the government of Alberta and, therefore, the accident must be deemed to have occurred during the student's employment - If the university was an employer in an industry to which the Act applied, an issue not determined by the Commission, then the student was precluded from bringing a civil action against the university.

Cases Noticed:

Davick - see Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.).

Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.) (2005), 371 A.R. 318; 354 W.A.C. 318; 258 D.L.R.(4th) 29; 2005 ABCA 276, dist. [para. 33].

Schumaker - see Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.) et al.

Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2005), 371 A.R. 62; 354 W.A.C. 62; 2005 ABCA 235, dist. [para. 33].

Buettner v. Workers' Compensation Board Appeals Commission (Alta.) (2004), 352 A.R. 241; 2004 ABQB 15, refd to. [para. 33].

Fullowka v. Witte - see Witte v. Workers' Compensation Board (N.W.T.).

Witte v. Workers' Compensation Board (N.W.T.) (1999), 48 C.C.L.T.(2d) 57; 1999 NWTCA 1, refd to. [para. 33].

Bachmann v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2003), 350 A.R. 14; 2003 ABQB 975, refd to. [para. 33].

White v. Workers' Compensation Board Appeals Commission (Alta.) (2006), 400 A.R. 183; 2006 ABQB 359, refd to. [para. 33].

Johannessen v. Workers' Compensation Board Appeals Commission (Alta.) (1998), 215 A.R. 325; 67 Alta. L.R.(3d) 140; 1998 ABQB 72, refd to. [para. 33].

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 33].

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; 2003 SCC 20, refd to. [para. 33].

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. 33].

Cooper v. Canadian Human Rights Commission, [1996] 3 S.C.R. 854; 204 N.R. 1, refd to. [para. 33].

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; 2003 SCC 54, refd to. [para. 33].

Ermineskin Cree Nation v. Canada (2001), 297 A.R. 226; 2001 ABQB 760, refd to. [para. 33].

O'Malley v. Board of Education of Calgary Roman Catholic Separate School District No. 1 (2006), 398 A.R. 74; 2006 ABQB 126, refd to. [para. 33].

Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.) (2005), 374 A.R. 336; 2005 ABQB 161, refd to. [para. 33].

Keddy v. Workplace Health, Safety and Compensation Commission (N.B.) et al. (2002), 247 N.B.R.(2d) 284; 641 A.P.R. 284; 212 D.L.R.(4th) 84; 2002 NBCA 24, refd to. [para. 33].

Minister of National Revenue (Customs and Excise) v. Mattel Canada Inc., [2001] 2 S.C.R. 100; 270 N.R. 153; 2001 SCC 36, refd to. [para. 33].

Akita Drilling Ltd. v. Workers' Compensation Board Appeals Commission (Alta.) (2003), 351 A.R. 230; 2003 ABQB 1030, refd to. [para. 33].

Skyline Roofing Ltd. v. Workers' Compensation Board (Alta.) et al. (2001), 292 A.R. 86; 2001 ABQB 624, refd to. [para. 33].

Thorne's Hardware Ltd. v. R. - see Irving Oil Ltd., Kent Lines Ltd. and Thorne's Hardware Ltd. v. National Harbours Board.

Irving Oil Ltd., Canaport Ltd., Kent Lines Ltd. and Thorne's Hardware Ltd. v. National Harbours Board, [1983] 1 S.C.R. 106; 46 N.R. 91, refd to. [para. 33].

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

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. 33].

Wright v. Ontario, [1993] O.W.C.A.T.D. No. 669, refd to. [para. 33].

Michailides v. Workers' Compensation Board (Alta.) et al. (1999), 260 A.R. 323; 1999 ABQB 941, affd. (2003), 320 A.R. 313; 288 W.A.C. 313; 2003 ABCA 49, refd to. [para. 33].

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

Arcade Amusements Inc. v. Montreal (City), [1985] 1 S.C.R. 368; 58 N.R. 339, refd to. [para. 33].

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. 33].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 2002 SCC 33, refd to. [para. 33].

Chauvet et al. v. Workers' Compensation Board Appeals Commission (Alta.) et al., [2005] A.R. Uned. 484; 34 Admin. L.R.(4th) 224; 2005 ABQB 348, affd. (2007), 409 A.R. 17; 402 W.A.C. 17; 2007 ABCA 155, refd to. [para. 33].

Workers' Compensation Board (Alta.) v. Workers' Compensation Board Appeals Commission (Alta.) (2005), 382 A.R. 120; 2005 ABQB 543, refd to. [para. 33].

Medicine Hat (City) et al. v. Wilson et al., [2001] 2 W.W.R. 601; 271 A.R. 96; 234 W.A.C. 96; 191 D.L.R.(4th) 684; 2000 ABCA 247, refd to. [para. 33].

Nabors Canada LP v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2004), 375 A.R. 9; 2004 ABQB 856, affd. (2006), 397 A.R. 57; 384 W.A.C. 57; 2006 ABCA 371, leave to appeal dismissed (2007), 372 N.R. 399, refd to. [para. 34].

Vo v. Workers' Compensation Board Appeals Commission (Alta.) (2006), 411 A.R. 230; 68 Alta. L.R.(4th) 261; 2006 ABQB 899, refd to. [para. 34].

Chauvet et al. v. Workers' Compensation Board Appeals Commission (Alta.) et al. (2007), 409 A.R. 17; 402 W.A.C. 17; 2007 ABCA 155, dist. [para. 34].

Buckley et al. v. Entz Estate et al. (2007), 401 A.R. 231; 391 W.A.C. 231; 277 D.L.R.(4th) 1; 2007 ABCA 7, refd to. [para. 34].

Voice Construction Ltd. v. Construction & General Workers' Union, Local 92, [2004] 1 S.C.R. 609; 318 N.R. 332; 346 A.R. 201; 320 W.A.C. 201; 2004 SCC 23, refd to. [para. 65].

Statutes Noticed:

Workers' Compensation Act, S.A. 1981, c. W-16, sect. 1(1)(a) [para. 12]; sect. 1(1)(y) [para. 8]; sect. 18 [para. 11]; sect. 147(2), sect. 147(3) [para. 10].

Workers' Compensation Act, R.S.A. 2000, c. W-15, sect. 13.1(1) [para. 44]; sect. 13.4(1) [para. 45].

Workers' Compensation Act Regulations (Alta.), Workers' Compensation Regulation, Reg. 427/81, sect. 7(1)(c)(I) [para. 9].

Workers' Compensation Regulation - see Workers' Compensation Act Regulations (Alta.).

Counsel:

Eugene J. Bodnar, for the applicant;

Sandra Hermiston, for the respondent;

Colin D. Roberts, for Rebeca Larreynaga, the third party;

Jason J. Bodnar, for the Workers' Compensation Board, the fourth party.

This appeal was heard on July 19, 2006, before Brooker, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on September 6, 2007.