2 total
Judicial review of WSIAT decision barring civil action dismissed; Tribunal's finding of employment status reasonable.
The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that found she was an employee acting in the course of her employment when her parked vehicle was struck by a bus.
The Tribunal's decision barred her civil action against the bus company.
The respondent moved to dismiss the application for delay, which the court denied due to the applicant's medical and personal circumstances.
On the merits, the Divisional Court found the Tribunal's decision was reasonable and dismissed the application for judicial review, declining to award costs due to the applicant's impecuniosity.
Appeal allowed; third party liable for failing to permanently plug decommissioned oil fill pipe.
The appellants mistakenly delivered heating oil to the plaintiffs' home, which had been converted to natural gas 22 years earlier by the respondents.
The oil was pumped into a decommissioned fill pipe, causing a massive spill and environmental contamination.
The appellants settled the plaintiffs' claim and sought contribution from the respondents for negligently decommissioning the system.
The trial judge dismissed the third-party claim, finding the specific chain of events was not reasonably foreseeable.
The Court of Appeal allowed the appeal, holding that the trial judge erred by focusing on the precise manner of the incident rather than the general foreseeability of a mistaken delivery.
The respondents breached the standard of care by failing to permanently plug the fill pipe.
