A proposed class action brought by injured workers who were denied full non-economic loss benefits under the Workplace Safety and Insurance Act on the basis of asymptomatic pre-existing conditions.
The plaintiff alleged that the denials resulted from an internal policy illegally adopted to save money.
The action was pleaded in misfeasance in public office, bad faith, and negligence.
The motion judge struck the statement of claim as disclosing no cause of action, finding the claims fell within the privative clause.
The Court of Appeal allowed the appeal, holding that the misfeasance in public office and negligence claims were properly pleaded and not plainly barred by the privative clause.
Bad faith was found not to be a free-standing cause of action but rather an element of misfeasance in public office.
