Lindsay v. Saskatchewan (Workers’ Compensation Board), [2000] 1 S.C.R. 59

Robert Lindsay Appellant

v.

Workers’ Compensation Board, Dr. John Ofiesh, Dr. Prakash Patel and the Regina District Health Board Respondents

Indexed as: Lindsay v. Saskatchewan (Workers’ Compensation Board)

Neutral citation: 2000 SCC 4.

File No.: 26954.

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 saskatchewan

Workers’ compensation -- Limitation of right of action -- Employee’s lungs injured in mining accident -- Employee suffering second injury to his lungs three months later during biopsy surgery to assist in diagnosis and treatment of work injury -- Employee’s action in negligence against doctors and health board barred by workers’ compensation legislation.

APPEAL from a judgment of the Saskatchewan Court of Appeal issued October 29, 1998, affirming a judgment of the Court of Queen’s Bench (1997), 1997 CanLII 11169 (SK QB), 161 Sask. R. 182, 33 C.C.E.L. (2d) 291, [1998] 4 W.W.R. 436, [1997] S.J. No. 718 (QL), dismissing an employee’s motion for an order quashing a workers’ compensation board’s decision barring his action in negligence against two doctors and a health board. Appeal dismissed.

Kevin A. Clarke, for the appellant.

Brian A. Crane, Q.C., and Brad D. Hunter, for the respondents Dr. John Ofiesh and Dr. Prakash Patel.

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

Reginald A. Watson, for the respondent the Regina District Health Board.

The judgment of the Court was delivered orally by

[1] The Chief Justice -- We are all of the view, substantially for the reasons of MacPherson C.J. in the Saskatchewan Court of Queen’s Bench, to dismiss the appeal, affirm the judgment of the Court of Appeal and the decision of the Court of Queen’s Bench with costs to the respondents.

Judgment accordingly.

Solicitors for the appellant: Richmond Nychuk, Regina.

Solicitors for the respondents Dr. John Ofiesh and Dr. Prakash Patel: McKercher McKercher & Whitmore, Regina.

Solicitors for the respondent the Workers’ Compensation Board: MacPherson Leslie & Tyerman, Regina.

Solicitors for the respondent the Regina District Health Board: Balfour Moss, Regina.