Can a plaintiff's flight and cabin crew members claim compensation for an injury while working in the province?

British Columbia, Canada


The following excerpt is from A1603743 (Re), 2018 CanLII 135988 (BC WCAT):

A further question arising from the interpretation given s. [section] 5 in B.C. Coal v. Wrend, supra, is whether the plaintiff's flight and cabin crew might claim compensation for an injury while working "in the province". There are two aspects to this. The first is the possibility of injury occurring to an employee while he is in an aircraft and airborne. I will call this the "airspace" issue. The second aspect is the possibility of injury occurring to an employee while he is on the ground in British Columbia, either in the aircraft, leaving it, entering it, staying at local accommodation between flights, or going to or from the airport from or to his accommodation. I will call this the "ancillary presence" issue, since it is clear that claims could only arise if the employee were in British Columbia in connection with his work (as opposed, for example, to being here on holiday). [emphasis added]

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