Transport Car-Fré Ltée Gestion c. Canada
Transport Car-Fré Ltée
Gestion Transport Car-Fré Ltée
Sa Majesté Le Roi
Procureur Général du Canada, représentant la Ministre D’Emploi et Développement Social Canada

- Parties: The appellants were Transport Car-Fré Ltée and Gestion Transport Car-Fré Ltée. The respondents were Sa Majesté Le Roi and Procureur Général du Canada, représentant la Ministre D’Emploi et Développement Social Canada.

- Subject Matter: This matter arose from a May 2013 workplace accident in Alberta that caused the death of an employee of the appellants. The appellants filed an action based on the common law tort of negligent investigation. They sought damages allegedly suffered as a result of the respondents’ negligent prosecution against them based on the penal provisions of the Canada Labour Code, 1985. In June 2017, an Alberta court stayed the proceedings against the appellants upon finding that the accident fell within provincial jurisdiction over occupational health and safety. In September 2023, the Federal Court dismissed the appellants’ action.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court ruled that the Federal Court did not err in concluding that the appellants failed to prove negligence in the investigation leading to the filing of criminal charges against them. The appeal court thus found it unnecessary to address the issue of the causal link between the alleged fault and the damage allegedly suffered.

- Date: The hearing was set on Oct. 29, 2024. The court released its decision on Oct. 29, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded the respondents costs in an unspecified amount.

Federal Court of Appeal
A-286-23
Labour law
$ 0
Respondent
23 October 2023