Plaintiff
Defendant
Factual Background:
Meghan Hull, the plaintiff, was injured at a Department of Fisheries and Oceans (DFO) camp when Brent Gregory, the co-defendant, set gasoline on fire, which spread and caused Hull significant burns. Both were DFO employees, but the incident occurred after work hours during a social gathering.
Legal Issues:
The main legal issues were whether the Crown (represented by the Attorney General of Canada) could be held vicariously liable for Gregory’s actions and whether the incident fell under the scope of Hull’s employment. Hull also claimed that the Crown was liable under the Occupiers Liability Act for failing to ensure safety at the camp.
Crown’s Arguments:
The Crown argued that Hull’s claim should be dismissed, asserting immunity under the Government Employees Compensation Act (GECA) and Crown Liability and Proceedings Act (CLPA). It argued that Hull had already received compensation under GECA, which barred further claims. It also contended that neither Hull nor Gregory were acting within their employment when the accident occurred, negating vicarious liability.
Court’s Decision:
The court adjourned the Crown's application to strike out the claim pending further proceedings before the Workers' Compensation Appeal Tribunal (WCAT) regarding whether Hull’s injuries arose from employment. No costs or award amounts were yet decided.
Total Costs/Award:
No final cost or award decision was made; costs of the application were to be determined later in the proceedings.
Court
Supreme Court of British ColumbiaCase Number
S235325Practice Area
Tort lawAmount
Winner
Trial Start Date
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