Kovach v. British Columbia (Workers’ Compensation Board), [2000] 1 S.C.R. 55

The Workers’ Compensation Board of British Columbia Appellant

v.

Dr. G.S. Singh Respondent

and

Frances Elizabeth Kovach Respondent

and between

Dr. G.S. Singh Appellant

v.

Frances Elizabeth Kovach Respondent

and

The Workers’ Compensation Board of British Columbia Respondent

and

The Workers’ Compensation Board of Saskatchewan, the Workers’ Compensation Board of Nova Scotia, the Workers’ Compensation Board of Alberta, the Workplace Health, Safety and Compensation Commission of New Brunswick, the United Association of Injured and Disabled Workers, the Vernon Injured Workers Support Group, the Canadian Injured Workers’ Prince George, the Northern Vancouver Island Brain Trauma Society and the Ontario Network of Injured Workers’ Groups Interveners

Indexed as: Kovach v. British Columbia (Workers’ Compensation Board)

Neutral citation: 2000 SCC 3.

File No.: 25784.

2000: January 20.

Present: McLachlin C.J.and L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache and Binnie JJ.

on appeal from the court of appeal for british columbia

Workers’ compensation -- Limitation of right of action -- Employee’s back injured in course of employment -- Employee experiencing continuing back pain -- Doctor who operated on employee providing substandard treatment -- Employee’s action in negligence against doctor barred by workers’ compensation legislation.

Statutes and Regulations Cited

Workers’ Compensation Act, R.S.B.C. 1979, c. 437, s. 11.

APPEAL from a judgment of the British Columbia Court of Appeal (1998), 1998 6423 (BC CA), 52 B.C.L.R. (3d) 98, 108 B.C.A.C. 283, 176 W.A.C. 283, 12 Admin. L.R. (3d) 180, [1999] 1 W.W.R. 498, [1998] B.C.J. No. 1245 (QL), setting aside a certificate issued by the Workers’ Compensation Board. Appeal allowed.

R. Mark Powers and Scott A. Nielsen, for the appellant the Workers’ Compensation Board of British Columbia.

James M. Lepp and Abigail C. F. Turner, for the appellant Singh.

Scott B. Stewart and Sandra M. Katalinic, for the respondent Kovach.

Robert G. Richards, Q.C., and Wayne P. Dale, for the intervener the Workers’ Compensation Board of Saskatchewan.

Janet E. Curry and Nancy L. MacCready-Williams, for the intervener the Workers’ Compensation Board of Nova Scotia.

Manoj Gupta, for the intervener the Workers’ Compensation Board of Alberta.

Richard J. Tingley, Q.C., for the intervener the Workplace Health, Safety and Compensation Commission of New Brunswick.

James F. Sayre, for the interveners the United Association of Injured and Disabled Workers et al.

The judgment of the Court was delivered orally by

[1] The Chief Justice — We are all of the view, substantially for the reasons of Donald J.A. in the British Columbia Court of Appeal, to allow the appeal, set aside the judgment of the Court of Appeal, and restore the s. 11 certificate order of the Workers’ Compensation Board, with costs to the appellant Dr. Singh here and in the courts below.

Judgment accordingly.

Solicitors for the appellant the Workers’ Compensation Board of British Columbia: The Workers’ Compensation Board, Legal Services Department, Richmond.

Solicitors for the appellant Singh: Harper Grey Easton, Vancouver.

Solicitors for the respondent Kovach: Stewart & Company, Vancouver.

Solicitors for the intervener the Workers’ Compensation Board of Saskatchewan: MacPherson Leslie & Tyerman, Regina.

Solicitor for the intervener the Workers’ Compensation Board of Nova Scotia: The Workers’ Compensation Board, Halifax.

Solicitor for the intervener the Workers’ Compensation Board of Alberta: The Workers’ Compensation Board, Legal Services Department, Edmonton.

Solicitor of the intervener the Workplace Health, Safety and Compensation Commission of New Brunswick: The Workplace Health, Safety and Compensation Commission, Saint John, New Brunswick.

Solicitor for the interveners the United Association of Injured and Disabled Workers et al.: The Community Legal Assistance Society, Vancouver.