Part 52 published on 01/11/15
Court stays claim pending review by Worker’s Compensation Appeal Tribunal
The Plaintiff, a construction labourer, had been hired by the strata corporation to perform some work on the strata property. He alleged that he had been injured while standing on a ladder, operating a power washer, when a car driven by the defendant “ran over and pulled or struck the plaintiff’s power washer equipment causing the plaintiff to fall from the ladder and sustain injury”.
The Defendant driver alleged that the collision had occurred as a result of the negligence of the strata corporation and/or its management company, and therefore asserted a third party claim against the strata corporation and manager.
The strata corporation moved for a stay of the court proceeding pending completion of a review (and resulting issuance of a certificate) by the Worker’s Compensation Appeal Tribunal under section 257 of the Worker’s Compensation Act. The Court granted the requested stay. The Court said:
WCAT (The Workers Compensation Appeal Tribunal) has broad statutory powers, including, as noted, the power to investigate. Where a worker has been seriously injured, I expect that WCAT would use its powers to have before it all relevant information. WCAT has a broad mandate and has been granted exclusive jurisdiction to fulfill its mandate. WCAT should be able to proceed as it determines is proper in the circumstances of a particular case.
…
Answers to such questions as whether the plaintiff was a worker working at the time of the accident and if so, who his employer was, underlie many aspects of the litigation as currently framed by the pleadings. The Court therefore views that greater overall efficiency and conservation of resources will be achieved with a stay.