W. G. McFetridge

The appellant was rendered a quadriplegic in a motor vehicle accident and was awarded a lump sum for future care and lost earning capacity at trial.

The Court of Appeal substituted the lump sum for future care with periodic monthly payments and reduced the awards for future care and lost earning capacity.

The Supreme Court of Canada allowed the appeal in part, holding that courts cannot order periodic payments in the absence of enabling legislation or consent.

The Court also held that an allowance for the impact of taxation (gross-up) should be made in calculating the cost of future care where supported by evidence.

The trial judge's awards for future care and lost earning capacity were largely restored.

The YMHA participated in a federal job creation programme to renovate its premises, engaging unemployed workers whose wages were subsidized by unemployment insurance benefits and topped up by the YMHA.

The workers contested their classification as cleaners, arguing they performed construction work entitling them to higher wages under provincial legislation.

The Manitoba Labour Board agreed, but the Court of Appeal quashed the order, finding provincial wage laws inapplicable to the federal programme.

The Supreme Court of Canada allowed the appeal, holding that the workers were employees of the YMHA under provincial law and that the federal spending power used to establish the programme did not oust provincial jurisdiction over labour relations.