Feldstein v. Alloy Metal Sales Ltd. and Matthews

1962 CanLII 145 (ON SC)Decided Workplace injury and workers' compensation

Employer Liability: Passenger Injury & Workers Comp Bar

Summary

This is a negligence action involving a passenger injured in a collision caused by the gross negligence of a driver who was an employee of the defendant company. The court addressed whether the Highway Traffic Act barred liability for injuries sustained by a passenger in a vehicle not operated for compensation, specifically examining if employer-provided transportation constituted 'compensation' under the Act. Additionally, the court determined the plaintiff's employment status to assess the applicability of the Workmen's Compensation Act bar on recovery.

Outcome

Statutory immunity for owners and drivers of non-commercial vehicles applied; recovery under the Workmen's Compensation Act barred as injuries did not arise out of or in the course of employment.

Key Factors

  • employer-provided transportation
  • Highway Traffic Act section 50(2)
  • statutory immunity
  • Workmen's Compensation Act section 121
  • employment relationship determination

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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.