When is a plaintiff's cell phone considered to be working while he is commuting to or from work?
British Columbia, Canada
The following excerpt is from WCAT-2010-00776 (Re), 2010 CanLII 22772 (BC WCAT):
WCAT-2005-00668, Turnbull v. Foreman, similarly reasoned: I do not consider that the plaintiff’s use of a cell phone, at which he could be reached for work purposes at any time, means that he was working at all times that his cell phone was turned on. For the purposes of this decision, I need not address the plaintiff’s status while he was actually engaged in a work-related phone call on his cell phone while in the course of commuting to or from work.
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