Plaintiff
Defendant
- Parties: The plaintiffs were Transport Car-Fré Ltée and Gestion Transport Car-Fré Ltée. The defendants were His Majesty the King and the Attorney General of Canada, representing the Minister of Employment and Social Development Canada.
- Subject Matter: The plaintiffs, who were interprovincial automobile transportation companies with places of business in Quebec and Alberta, sued the federal Crown. The plaintiffs alleged the common law tort of negligent investigation relating to the institution of proceedings against them before the Alberta Court of Justice based on the penal provisions relating to workers’ compensation in the Canada Labour Code, 1985 after the death of an employee. The plaintiffs argued that Alberta’s provincial workers’ compensation legislation was applicable. The plaintiffs claimed reimbursement for the costs they incurred in defending themselves against the charges brought against them until the court concluded that the charges were ultra vires the federal government’s jurisdiction.
- Ruling: The court ruled in the defendants’ favour and dismissed the plaintiffs’ action. The court held that the Employment Canada investigators reasonably concluded that the fatal accident of the plaintiffs’ employee was subject to federal jurisdiction. The court found that the plaintiffs failed to show the existence of the constituent elements of the tort of negligent investigation.
- Date: The hearing was set on May 29, 2023. The court released its decision on Sept. 22, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
Court
Federal CourtCase Number
T-1041-19Practice Area
Employment lawAmount
$ 0Winner
DefendantTrial Start Date
27 June 2019Download documents