A Commercial Litigation Update
The Supreme Court of Canada has granted leave to appeal a recent decision that cleared a number of workplace parties of civil liability for the criminal act of a striking worker.
On September 19, 1992, during a highly charged strike, nine miners were killed when their mine car blew up underground at the Giant Mine in Yellowknife. Roger Warren, a striking miner, was subsequently convicted of their murders.
The NWT and Nunavut Workers' Compensation Board advanced a lawsuit on behalf of the widows of the killed miners against a number of parties, including Roger Warren, the employer, the union representing the striking miners, NWT Government regulators, and the security company engaged by the employer during the strike to secure the mine property.
In December, 2004, the trial judge issued a controversial decision finding that all the above individuals were in some way negligent and responsible for the deaths of the nine miners. More than 10 million dollars in damages were awarded.
Many of the defendants appealed and on May 22, 2008 the Northwest Territories Court of Appeal set aside the findings of negligence against the employer, union, NWT Government and the security company. The Court of Appeal found that none of these parties had a responsibility to prevent the criminal acts of Roger Warren.
In deciding this appeal we can expect the Supreme Court of Canada clarify a number of issues, including the extent to which: - employers or unions can be held liable for the actions of striking workers;
- government regulators owe a duty of care to protect the safety of workers; and
- persons owing a duty of care to protect the safety of others must prevent third parties from committing intentional criminal torts.
This alert is a general overview of the subject matter and cannot be regarded as legal advice. Please contact Graham McLennan at gmclennan@mross.com, Don Dear at ddear@mross.com, or any member of our Commercial Litigation Practice Group for advice on this or any commercial litigation topic.
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