Does a vehicle provided by an employer as a crew bus constitute an extension of the employer's premises?

British Columbia, Canada


The following excerpt is from A1600870 (Re), 2017 CanLII 53435 (BC WCAT):

WCAT-2008-01378 found that although the employer provided the vehicle, the plaintiff’s drive to work did not arise out of and in the course of his employment: In all of these cases [in which the vehicle was found to be analogous to a crew bus] there were factors, other than the simple provision of a vehicle, which resulted in the transport vehicle being deemed an extension of the employer’s premises. In the present case, I do not find other factors that would serve to bring the journey to work within the plaintiff’s employment. I also note there is evidence that the plaintiff occasionally used the vehicle for personal reasons. In these circumstances I find that, although the plaintiff was using a vehicle provided by his employer, he was still commuting to work. [emphasis added] WCAT-2010-02561, Fraser v. ICBC (former Chapter 3 policy)

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