Campbell v. Workers’ Compensation Appeal Tribunal
David Gordon Campbell
Law Firm / Organization
Wishart Law Firm LLP
Workers’ Compensation Appeal Tribunal
Law Firm / Organization
Not Specified
Lawyer(s)

I.D. Morrison

Emcon Services Inc.
Law Firm / Organization
Not Specified
Christopher John Elliott
Law Firm / Organization
Not Specified
Bowden Contracting Ltd.
Law Firm / Organization
Not Specified

Background:

  • Incident: Campbell was injured in a car accident with a logging truck while driving home from work.
  • Legal Action: Campbell sued the truck owner (Bowden), the driver (Elliott), and the highway maintenance company (Emcon).
  • WCAT Application: Emcon, Bowden, and Elliott sought determinations from WCAT to confirm their employment relationships with Campbell under Section 257 of the Workers Compensation Act (WCA).

WCAT Findings:

  • WCAT determined that Campbell and Elliott were employees, Bowden and Emcon were employers, and Campbell's injuries were work-related, precluding a civil suit.

Judicial Review:

  • Campbell petitioned for judicial review, arguing procedural unfairness, but the Supreme Court of British Columbia dismissed the petition.

Appeal Points:

  1. The judge allegedly erred in stating Campbell needed to seek leave from WCAT to respond to Bowden and Elliott’s application.
  2. WCAT's use of independently obtained research (CCOHS Paper) without inviting submissions was claimed to be unfair.

Court of Appeal's Decision:

  • Appeal Dismissed: The court upheld the decision, finding Campbell had the opportunity to respond but did not. WCAT's use of independent research did not affect the key findings about employment status and was procedurally acceptable.

Conclusion:

  • The appeal was dismissed, affirming WCAT's decision and procedures were fair and legally sound.

The total amount ordered for costs/awards is not specified in the document.

Court of Appeals for British Columbia
CA48362
Labour law
Respondent