Court of Appeal

Judge:

The Honourable Justice David P.S. Farrar

Appeal Heard:

December 5, 2014, in Halifax, Nova Scotia

Subject:

Workers’ Compensation Law. Canadian Charter of Rights & Freedoms, s. 15(1). Definition of “accident” Workers’ Compensation Act, s. 2.

Summary:

Mr. Dale says he suffers from gradual onset stress.  Section 2(a) of the Workers’ Compensation Act, S.N.S. 1994-95, c. 10 excludes claims for gradual onset stress (or chronic stress) as a compensable workplace injury.  Mr. Dale argues the exclusion discriminates against him on the basis of disability, thereby infringing s. 15(1) of the Canadian Charter of Rights and Freedoms. 

The Workers’ Compensation Appeals Tribunal rejected his argument.  WCAT held, that although the impugned provision draws a distinction on an enumerated ground of discrimination, the distinction did not amount to discrimination under the Charter.

Issues:

(1)        Was there a sufficient factual foundation for consideration of whether the definition of “accident” in the Act violated s. 15(1) of the Charter?

(2)        If so, does the definition of “accident” insofar as it does not include stress other than an acute reaction to a traumatic event infringe s. 15(1) of the Charter?

Result:

Appeal dismissed for different reasons than WCAT.  There was an insufficient factual basis to allow WCAT to embark on a Charter analysis.  WCAT never found that Mr. Dale’s condition constituted a disablement nor did it find that his injury arose out of and in the course of employment.  These two findings were critical to allow it to embark on a Charter analysis.  For this reason, the appeal was dismissed.  As a result, it was not necessary to address the issue of whether the definition of “accident” violated s. 15(1) of the Charter.