Vancouver Wharves Ltd. v. Canada ( Attorney General )
T-1125-97
Rouleau J.
26/6/98
12 pp.
Application for order setting aside decision of Regional Safety Officer varying direction given by Safety Officer to applicant, Vancouver Wharves Ltd.-Applicant operating deep-sea terminal located at entrance to Port of Vancouver in Burrard Inlet-Foreman employed by applicant in charge of operation of loading pulp on barge when hit by lift truck, suffered fatal injuries-Safety Officer employed by Labour Canada immediately investigated accident-Direction issued to applicant under Canada Labour Code, s. 145(1)-Applicant requesting Regional Safety Officer to review Safety Officer's direction under Code, s. 146(1)-Regional Safety Officer finding employee fatally injured because workplace unsafe as result of placing damaged lift truck immediately behind replacement lift truck in such manner that impeded safe operation of replacement lift truck-Applicant seeking to have Regional Safety Officer's decision set aside on grounds he lost, exceeded jurisdiction-Where tribunal called upon to determine questions with respect to own jurisdiction, standard of review correctness-No fault with Regional Safety Officer's determination of jurisdictional issue before him-Regional Safety Officer having power to inquire, in summary way, into circumstances of fatal accident at Vancouver Wharves Ltd. and to thereafter confirm, rescind, vary direction issued by Safety Officer-Power bestowed by legislative enactment to "vary" decision sufficiently broad to allow substitution of new decision-Regional Safety Officer not exceeding jurisdiction when varied Safety Officer's direction by substituting own direction-Findings resting squarely within expertise to be given deference, should not be interfered with unless made in perverse, capricious manner or without regard to evidence-Determination herein supported by number of evidentiary conclusions reasonably open to him based on testimony, other material before him-Decision fully consistent with evidence-No finding of fact made in capricious manner, without regard to evidence-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, ss. 145(1), 146(1).