Court of Appeal

Decision Information

Decision Content

CASE NO.                                     VOL. NO.                                            PAGE

 

LINGAN BUILDERS LIMITED                                               THE NOVA SCOTIA WORKERS’

                                                                                     COMPENSATION APPEALS TRIBUNAL

                                                                                      and THE WORKERS’ COMPENSATION

                                                                                                            BOARD OF NOVA SCOTIA

                                                                         - and -                                                                        

                                                                                                                                                           

(Appellant)                                                                                                                (Respondents)

 

                                                                             

CA 160679                                               Halifax, N.S.                                         ROSCOE, J.A.

                                                                                                                                                (Orally)

                                                                                                                                                           

    [Cite as: Lingan Builders Ltd.  v. Nova Scotia (Workers’ Compensation Appeals

                                                       Tribunal), 2000 NSCA 62]

 

APPEAL HEARD:                                 May 9, 2000

 

JUDGMENT DELIVERED:                 May 9, 2000

 

WRITTEN RELEASE OF ORAL:       May 15, 2000

 

SUBJECT:         Workers Compensation Act, R.S.N.S., 1989, c. 508, s. 109; Workers Compensation Act,  S.N.S. 1994-1995, c.10, s.138; Assessment of successor employers

 

Summary:          The appellant was found by a Hearing Officer to be liable for an assessment against Lingan Construction Limited on the basis that the appellant was its successor pursuant to s. 109 of the former Workers Compensation Act. On appeal to WCAT, the liability was confirmed on the basis of the application of s.138 of the current Act.

 

Issue:                  The appellant submitted that WCAT erred in finding that the current Act applied.

 

Result:                Appeal dismissed. On the facts, as determined by the Hearing Officer, it was not shown that there was any material difference between s. 109 of the former Act and s. 138 of the current Act in this case.

 

 

              This information sheet does not form part of the court’s decision.  Quotes

must be from the judgment, not this cover sheet.  The full court judgment consists of 2 pages.

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.