Plaintiff
Respondent
Background: Leung Wai Lam, the appellant, had sustained a workplace injury in 2012 and subsequently filed a Workers' Compensation claim. He initiated a civil claim for damages against various respondents involved in assessing and providing treatment for his injury. The action, which commenced on August 30, 2022, was dismissed by Justice Milman on October 13, 2023, due to overlapping statutory bars.
Legal Arguments/Issues: The defendants argued that the civil claim was barred by several statutes, including Section 332 of the Workers Compensation Act, Section 56 of the Administrative Tribunals Act, Section 127 of the Workers Compensation Act, limitations under the Judicial Review Procedure Act, and the Limitation Act. Additionally, two orders required Lam to post security for costs totaling $9,000, with $5,000 ordered by Justice Hunter and $4,000 by Justice Griffin. Lam challenged these orders.
Held: The Court of Appeal dismissed Lam's applications to vary or cancel the security for costs orders. The court found no errors in the principles or law applied by the justices in the lower court and ruled that the appeal lacked merit. The statutory bars were deemed sufficient to preclude the appellant's action.
Costs/Damages Awarded: The appellant, Leung Wai Lam, was required to post a total of $9,000 as security for costs in favor of the respondents. No additional damages were awarded as the applications were dismissed.
Court
Court of Appeals for British ColumbiaCase Number
CA49466Practice Area
Employment lawAmount
$ 9,000Winner
RespondentTrial Start Date
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