Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

MANSOUR'S LIMITED,                                                                       ADAM JOHN SPENCER

CASEY REALTY LIMITED, and

THE TOWN OF AMHERST                                                                                                            

                                                                         - and -                                                                        

(Appellants)                                                                                                                (Respondent)

CA 160570                                               Halifax, N.S.                                      FREEMAN, J.A.

                                [Cite as: Spencer v. Mansour's Ltd., . 2000 NSCA 59]

APPEAL HEARD:                                 April 18, 2000

JUDGMENT DELIVERED:                 May 10, 2000

SUBJECT:         Workers Compensation Acts, R.S.N.S. 1989 c. 508, s. 18, and S.N.S. 1994-95; non-resident worker, action against employers statute barred.

Summary:          The appellants, all employers under Nova Scotia’s workers’ compensation legislation, appealed a Supreme Court of Nova Scotia judgment holding that the action for damages of a worker resident and employed in New Brunswick who was injured in a slip and fall accident while working in Nova Scotia, was not statute barred under s. 18 of the Workers’ Compensation Act.  

Issue:                  Was the respondent a worker within the meaning of the Workers' Compensation Act?  If so, should his action be barred under s. 18?

Result:                The appeal was allowed.  If the respondent was a worker, he was barred from suing Part 1 employers under the Act.  For him not to be found a worker it would be necessary to read a residency requirement

into the definition of workman; this was not justified by principles of interpretation or the purpose of the legislation.