Highlights of Noteworthy Decisions

Decision 626 19
15/05/2019
R. Nairn
  • Executive officers
  • Right to sue

The plaintiff in a civil case was injured when a tractor-trailer driven by the defendant crashed through the wall of the store in which the plaintiff was working. The defendant applied to determine whether the plaintiff's right of action was taken away.

The defendant was an executive officer, sole director and president of his company. He did not have personal coverage. On the day of the accident, one of the two employees of the defendant was off work. The defendant filled in by driving the truck to make deliveries.
The Vice-Chair rejected the submission of the defendant that he should be characterized as a worker on the grounds that he was performing duties of a worker at the time of the accident. The Vice-Chair acknowledged that, in a small business, executive officers may perform duties of workers as well as executive functions. However, in such case, they retain that status as executive officers under the WSIA.
The defendant was an executive officer and not a worker at the time of the accident. The plaintiff's right of action was not taken away.