The plaintiff, an Ontario resident, was injured in British Columbia while driving for an Alberta-based company.
He elected to receive Alberta workers' compensation benefits and subsequently initiated a tort action in Ontario against the defendant, the truck's owner and also an Ontario resident, alleging improper maintenance.
The defendant moved to stay or dismiss the action, arguing it was statute-barred by the plaintiff's election to receive workers' compensation benefits and constituted an abuse of process.
The Ontario Superior Court of Justice allowed the motion, finding the tort action was statute-barred based on principles of inter-provincial comity and that it represented an abuse of process, as it sought to relitigate a matter covered by the workers' compensation scheme and allowed for potential double recovery, thereby circumventing the 'historic trade-off' inherent in such legislation.