- In the course of employment (parking lots)
- Parties (right to sue)
- Right to sue
The plaintiff filed a solicitor's negligence claim against the applicants, alleging failure to commence a timely action for damages from a 2018 slip and fall incident at her employer's parking lot. The applicants contend the plaintiff's civil action was statute-barred under WSIA as she was a worker injured in the course of employment.
The Panel addressed whether the applicants, as defendants in the solicitor's negligence action and not parties to the underlying accident action, had standing under section 31 to seek determination of the plaintiff's right to sue. Tribunal Counsel Office (TCO) and the applicants submitted on interpretations of "a party to an action," referencing prior decisions with varying approaches. The Panel found a broad interpretation appropriate. Despite the underlying slip and fall action being discontinued, the solicitor's negligence claim remains active. The Panel distinguished this from prior cases where actions were settled or dismissed, finding the application not moot as the right to sue issue remains relevant to the ongoing claim. The plaintiff was a full-time employee of the defendant, a Schedule 1 employer, and the accident occurred in the employer-controlled parking lot while the plaintiff was arriving for work at a reasonable time before her shift, engaging in an activity incidental to employment. Therefore, the injury occurred in the course of employment per WSIB policies. The plaintiff's right to commence and maintain a civil action against the defendants was taken away under sections 28(1) and 31(1)(a) of WSIA. However, her right to sue the numbered company, which is not a Schedule 1 employer, was not taken away. No damages, contribution, or indemnity for losses attributed to the defendants are recoverable in an action against the applicants or the numbered company under sections 29(4) and 31(1)(b).