Canada (Attorney General) v. Kerr
Employer's Right to Sue for Wages Paid to Injured Employee
Summary
This is a statutory interpretation case determining whether section 266(1) of the Insurance Act bars an employer from bringing an action per quod servitium amisit for wages paid to an injured employee. The court analyzed whether the statute immunizes tortfeasors from liability in a way that eliminates the wrongfulness of the act or precludes the employer's independent claim arising from the master-servant relationship.
Outcome
Statute does not explicitly bar employer’s claim; employer’s action is not precluded.
Key Factors
- per quod servitium amisit
- Insurance Act section 266(1)
- employer's right to sue
- master-servant relationship
- statutory interpretation
Related Cases
Douglas v. Babiar
2025 ONSC 7075 (CanLII) · 2025-12-19Police Officer Tort Claim vs Discipline Proceedings
This is a procedural ruling on a motion to strike where the plaintiff, a police officer, sought to pursue tort claims linked to internal police discipline proceedings. The court determined it had residual jurisdiction because the dispute had moved beyond the collective agreement into the criminal justice system, and rejected arguments that statutory privilege barred the civil claims.
Toombs et al. v. Worksafe BC et al.
2025 ONSC 1988 (CanLII) · 2025-04-02Class Action Costs: Workers' Compensation Dispute
This is a procedural ruling concerning costs and class action representation in a class action against provincial workers' compensation boards. The court addressed motions for funding legal costs, appointing amicus curiae, and compliance with class action rules, ultimately awarding costs to the successful defendants.
Chodha v. Times Kitchen
2024 ONSC 2384 (CanLII) · 2024-04-22This is a procedural or substantive ruling concerning limitation periods and the discoverability rule in the context of a workplace accident. The case addresses the conflict between the Limitations Act, 2002 and the Workplace Safety and Insurance Act, 1997, specifically regarding reasonable accommodation and the statutory bar on civil suits for workplace injuries.
Toombs v. WorkSafe BC
2023 ONSC 4874 (CanLII) · 2023-08-25This is a procedural ruling concerning contempt of court in the context of workplace safety and insurance subrogation under the Workplace Compensation Act.
Kumra v. Stagliano
2022 ONSC 5252 (CanLII) · 2022-09-15Stay of Proceedings: Workplace Injury Statutory Bar
This is a procedural ruling regarding a stay of proceedings in a workplace injury context. The court addressed trial procedure and adjournments in the context of the statutory bar under the Workplace Safety and Insurance Act.
This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.