Applicant
Respondent
Facts: Mr. De Ruyck was injured over ten years ago and had not received benefits since 2016. The nature of his injury and the exact duration of his inability to work were not fully disclosed, but it was implied that his inability to work extended beyond 2016. His journey for claim recognition involved numerous reviews and appeals, with conflicting decisions regarding his employment status at the time of the injury and whether he was working within the scope of his employment when injured.
Issue: The central issue was the determination of Mr. De Ruyck's employment status and entitlement to benefits under the Workers Compensation Act, particularly whether he was a deemed employee of Marpell and whether his injury occurred within the scope of his employment.
Court’s Ruling: The court quashed the previous decision denying Mr. De Ruyck's benefits and remitted the matter to the Commission for a new determination of benefits. It was held that Mr. De Ruyck was a deemed employee of Marpell under section 60(2.1) of the Act and entitled to benefits for the injury sustained.
Costs/Damages Awarded: The judgment mentioned that costs could be addressed if the parties were unable to agree on them, implying that specific costs or damages were not explicitly awarded in the decision itself but left open for further negotiation or determination.
Court
Court of King's Bench ManitobaCase Number
CI 23-01-38942Practice Area
Labour lawAmount
Winner
ApplicantTrial Start Date
Download documents