Summary

36375

Deborah Lockyer-Kash v. Workers’ Compensation Board of British Columbia

(British Columbia) (Civil) (By Leave)

Keywords

None.

Summary

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Civil procedure – Class actions – Certification – Whether Court of Appeal erred in interpretation and application of Class Proceedings Act, R.S.B.C. 1996, c. 50 – Whether refusal to certify class proceedings contrary to access to justice principles

The applicant, Ms. Lockyer-Kash, was injured in 1999 during the course of her employment as a pet store manager. In 2002, the Workers’ Compensation Board (“WCB”) awarded her a 5.82 per cent loss of earnings pension that was increased in 2005. In 2009, on a further appeal to the Workers’ Compensation Appeal Tribunal (“WCAT”) that pension was increased to 100 per cent, approximately $1,500 per month. In addition, she received a retroactive award of $113,000, for the money that she should have received prior to her 2009 appeal. Her claim for interest on the retroactive portion of her award was denied by the WCB, on the basis of the interest policy established by its board of directors. She appealed to the WCAT, which found the policy to be patently unreasonable and referred the matter back to the board of directors of the WCB for reconsideration. The board of directors affirmed the policy. Ms. Lockyer-Kash sought judicial review of this decision and applied for class proceeding certification.

Lower Court Rulings

July 29, 2014
Supreme Court of British Columbia

S138644, 2014 BCSC 1443
Order for class certification with applicant as representative plaintiff for all workers whose claim for interest on their retroactive and wage loss awards was decided within prescribed time period.
February 19, 2015
Court of Appeal for British Columbia (Vancouver)

CA042042, 2015 BCCA 70
Respondent’s appeal allowed; order for certification set aside.
 

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