The respondent employee suffered a back injury in the course of her employment and subsequently received substandard medical treatment from a doctor, leading to an action in negligence.
The Workers' Compensation Board issued a certificate barring the action under section 11 of the Workers' Compensation Act.
The Supreme Court of Canada allowed the appeal, adopting the dissenting reasons of Donald J.A. in the court below, and restored the Board's certificate barring the action.