The defendant vehicle owner brought a motion for summary judgment dismissing a personal injury action arising from a truck accident, arguing that the Workplace Safety and Insurance Act barred the claim because the negligent driver was a protected worker.
The Workplace Safety and Insurance Appeals Tribunal had previously barred claims against the driver and employer but permitted a limited action against the vehicle owner.
The court considered whether s. 29 of the Workplace Safety and Insurance Act precluded a statutory vicarious liability claim against the owner under s. 192 of the Highway Traffic Act.
The court held that the workers’ compensation regime eliminates joint liability with protected defendants but does not abolish statutory vicarious liability claims against unprotected vehicle owners.
Because the statute did not clearly remove such liability, the claim against the owner could proceed.
