Highlights of Noteworthy Decisions

Decision 1432 12
20/02/2013
J. Josefo
  • In the course of employment (reasonably incidental activity test)
  • Right to sue

The plaintiff in a civil case was a worker of a drywall company. He went with his employer and a co-worker from the Toronto area to Sudbury for a project. On arrival in Sudbury, the plaintiff and his employer proceeded to a building supply company. The plaintiff was injured when hit by some supplies being loaded on to the truck that the plaintiff was driving. The plaintiff brought an action against the building supply company. The defendant applied to determine whether the plaintiff's right of action was taken away.

The employer drove his own truck. The plaintiff went to Sudbury in the truck of the co-worker. Only the employer and the plaintiff went to the building supply company. The employer drove his own truck. The plaintiff drove the truck of the co-worker. The plaintiff originally went along to the building supply company only to accompany the employer, who was planning to take him out to dinner. However, the plaintiff allowed the building supplies to be loaded on the to the co-worker's truck. He allowed the truck to be used for a work-related purpose that would be of benefit to the employer. He was not required to do this but, rather, voluntarily agreed to assist in this activity that was reasonably related to employment activities.
While the plaintiff intended to move on to personal activities, at the moment of the accident he was engaged in work-related activity. The plaintiff was in the course of employment at the time of the accident. His right of action was taken away.