This case involved section 10 of the British Columbia Workers Compensation Act which bars civil actions arising from injuries occurring during the course of employment.
In this case, at the time of the injury, the plaintiffs were going home from Prince Rupert (a fishing port on the north coast of British Columbia) on a regularly scheduled bus which they paid for themselves. The Appeal Division of the Workers Compensation Board ruled that if they had been traveling to a remote location or if the employer had paid for the transportation they might have been considered to have been injured in the course of employment. However, they were not prepared to make such a finding in this case. Accordingly there was no bar to civil proceedings.
Upon appeal, the British Columbia Court of Appeal upheld the decision on the grounds that it was not patently unreasonable.
Leave for appeal to the Supreme Court of Canada was denied on March 15, 2001 (Doc. 28097).
Editor’s Note: See also Decision No. 96-0527 of the Appeal Division of the British Columbia W.C.B. where it was found that a deckhand was acting in the course of employment when he was off duty having a cigarette on deck while the fishing vessel was anchored for the night during a voyage to port to deliver its catch of fish.