Court File and Parties
COURT OF APPEAL FOR ONTARIO
Laskin, MacPherson and Armstrong JJ.A.
BETWEEN
Dave Collings and Michelle Collings
Plaintiffs (Respondents)
and
Christine Jew, 1532290 Ontario Inc. cob as Newell Industries Canada Inc., Balwanti Gill and 1228766 Ontario Inc. cob as H & H Fleet Services
Defendants (Appellants)
Counsel: Michael Chadwick, for the appellants Meghan Hull, for the respondents
Heard: January 9, 2009
On appeal from the Order of Justice Thomas R. Lederer of the Superior Court of Justice dated July 30, 2008.
APPEAL BOOK ENDORSEMENT
Appeal Book Endorsement
1The appellant, Christine Jew, was driving herself and a work colleague from Mississauga to Toronto when she was involved in an automobile accident. The sole issue in the appeal is whether Ms. Jew was, at the time of the accident, engaged in the course of her employment.
2The agreed statement of facts reveals that Ms. Jew was in Mississauga to attend a training session for the employees of her employer. Ms. Jew was ordinarily resident in Ottawa. While in the GTA, she was staying at a hotel in Toronto at the expense of her employer. The car she was driving was owned and supplied by her employer. The only reason that she was driving at the time of the accident was related to her attendance at her employer’s training session which was a command performance for her.
3The motion judge held that Ms. Jew was involved in the course of her employment at the time of the accident – in doing so he correctly applied the test articulated by the Supreme Court in Bazely v. Curry, 1999 CanLII 692 (SCC), [1999] 2 S.C.R. 534. We see no reason to interfere with his order. The appeal is dismissed.
Costs
4The respondents shall have their costs of the appeal fixed at $5,000 inclusive of disbursements and GST.
