Kovach v. British Columbia (Workers’ Compensation Board),
[2000] 1 S.C.R. 55
The Workers’ Compensation Board
of British Columbia Appellant
v.
Dr. G.S. Singh Respondent
and
Frances Elizabeth Kovach Respondent
and between
Dr. G.S. Singh Appellant
v.
Frances Elizabeth Kovach Respondent
and
The Workers’ Compensation Board
of British Columbia Respondent
and
The Workers’ Compensation Board of Saskatchewan,
the Workers’ Compensation Board of Nova Scotia,
the Workers’ Compensation Board of Alberta,
the Workplace Health, Safety and Compensation
Commission of New Brunswick, the United Association
of Injured and Disabled Workers, the Vernon Injured
Workers Support Group, the Canadian Injured Workers’
Prince George, the Northern Vancouver Island Brain
Trauma Society and the Ontario Network
of Injured Workers’ Groups Interveners
Indexed as: Kovach v. British Columbia (Workers’
Compensation Board)
Neutral citation: 2000 SCC 3.
File No.: 25784.
2000: January 20.
Present: McLachlin C.J.and L’Heureux-Dubé, Gonthier,
Iacobucci, Major, Bastarache and Binnie JJ.
on appeal from the court of appeal for british columbia
Workers’ compensation -- Limitation of right of
action -- Employee’s back injured in course of employment -- Employee
experiencing continuing back pain -- Doctor who operated on employee providing
substandard treatment -- Employee’s action in negligence against doctor barred
by workers’ compensation legislation.
Statutes and Regulations Cited
Workers’ Compensation Act, R.S.B.C. 1979, c. 437, s. 11.
APPEAL from a judgment of the British Columbia Court
of Appeal (1998), 52 B.C.L.R. (3d) 98, 108 B.C.A.C. 283, 176 W.A.C. 283, 12
Admin. L.R. (3d) 180, [1999] 1 W.W.R. 498, [1998] B.C.J. No. 1245 (QL),
setting aside a certificate issued by the Workers’ Compensation Board. Appeal
allowed.
R. Mark Powers and Scott
A. Nielsen, for the appellant the Workers’ Compensation Board of British
Columbia.
James M. Lepp and Abigail
C. F. Turner, for the appellant Singh.
Scott B. Stewart and Sandra
M. Katalinic, for the respondent Kovach.
Robert G. Richards, Q.C.,
and Wayne P. Dale, for the intervener the Workers’ Compensation Board of
Saskatchewan.
Janet E. Curry and Nancy
L. MacCready-Williams, for the intervener the Workers’ Compensation Board
of Nova Scotia.
Manoj Gupta, for the
intervener the Workers’ Compensation Board of Alberta.
Richard J. Tingley, Q.C.,
for the intervener the Workplace Health, Safety and Compensation Commission of
New Brunswick.
James F. Sayre, for the
interveners the United Association of Injured and Disabled Workers et al.
The judgment of the Court was delivered orally by
1
The Chief Justice — We are
all of the view, substantially for the reasons of Donald J.A. in the British
Columbia Court of Appeal, to allow the appeal, set aside the judgment of the
Court of Appeal, and restore the s. 11 certificate order of the Workers’
Compensation Board, with costs to the appellant Dr. Singh here and in the
courts below.
Judgment accordingly.
Solicitors for the appellant the Workers’ Compensation Board of
British Columbia: The Workers’ Compensation Board, Legal Services
Department, Richmond.
Solicitors for the appellant Singh: Harper Grey Easton, Vancouver.
Solicitors for the respondent Kovach: Stewart &
Company, Vancouver.
Solicitors for the intervener the Workers’ Compensation Board of
Saskatchewan: MacPherson Leslie & Tyerman, Regina.
Solicitor for the intervener the Workers’ Compensation Board of Nova
Scotia: The Workers’ Compensation Board, Halifax.
Solicitor for the intervener the Workers’ Compensation Board of
Alberta: The Workers’ Compensation Board, Legal Services Department, Edmonton.
Solicitor of the intervener the Workplace Health, Safety and
Compensation Commission of New Brunswick: The Workplace Health, Safety and
Compensation Commission, Saint John, New Brunswick.
Solicitor for the interveners the United Association of Injured and
Disabled Workers et al.: The Community Legal Assistance Society, Vancouver.
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