Accommodating
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Sue a
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Suing a
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Suing
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Supreme Court of Canada Decisions

Important Caselaw - Suing WCB/WSIB/WorkSafe Doctors

Knowledge and Information for Injured Workers, by Injured Workers

Suing WCB/WSIB/WorkSafe Doctors



Milne v. Alberta WCB - Negative Case
Decisions issued by the Alberta Queens Bench, and the Alberta Court of Appeal.

In much like suing a WCB/WSIB/WorkSafe or a staff of a WCB/WSIB/WorkSafe, one would think it would be a similar and somewhat straight forward process. However, in many provinces the legislation prevents it. This is because it provides an almost absolute immunity to these doctors. While I understand trying to protect doctors having such legislation raises serious concerns of, denying people a right to a fair justice, denying people he Charter Rights, and most of all could be considered a violation of the Rule of Law.

If one brings a civil action the only viable claim would be the Tort of Public Misfeasance, or abuse of public office. One should also be prepared to argue the immunity clause in the legislation and the only possible way would be to bring a Charter claim. Argue that the section of law violates various sections of the Charter and as such under s. 52 of the Constitution is of no force and or effect.

If you know of any lawsuits whether individual or class actions, pending or completed against any WCB/WSIB/Worksafe ANYWHERE that is not listed here.
Then PLEASE by all means, PLEASE send me a message using my contact page, or email it directly to me at fightwcb@gmail.com.
I will gladly give you full credit for it!


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Milne v. Alberta WCB

Milne v. Alberta (Workers' Compensation Board), 2008 ABQB 710
Deals with injured worker suing a WCB Doctor(s), and summary judgement.
The injured worker, Barry John Milne, filed a civil lawsuit against two doctors of the Alberta WCB. The reasoning was that Mr. Milne had attended a WCB work hardening program in 1997. He alleges that this program led to a worsening of his symptoms, emotional trauma, and further physical injury.
In response the Alberta WCB brought a motion to dismiss Mr. Milne’s claim.
The Judge in the matter dismissed the claim of tort of conspiracy and another, but allowed the claim against both doctors alleging breach of a duty of care in relation to their involvement in his case and the preparation of their reports must go to trial.

Milne v. Workers’ Compensation Board, 2012 ABQB 302
Then the Alberta WCB doctors filed a second motion to dismiss Mr. Milne’s claim based on statutory privilege contained in the workers compensation act. The judge in this motion dismissed Mr. Milne’s claim on the grounds he would not be able to prove the intent of the doctors to cause Mr. Milne harm.

Milne v Barnes, 2013 ABCA 379
Mr. Milne appeal the decision to the Alberta Court of Appeal who dismissed Mr. Milne’s appeal on the grounds he could not or did not provide evidence of malice on the part of the doctors.

Special thanks to Sue for providing me this case!

If you know of any lawsuits whether individual or class actions, pending or completed against any WCB/WSIB/Worksafe ANYWHERE that is not listed here.
Then PLEASE by all means, PLEASE send me a message using my contact page, or email it directly to me at fightwcb@gmail.com.
I will gladly give you full credit for it!


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