Background: The Workers’ Compensation Board (WCB) of British Columbia appealed against a lower court's decision that dismissed its petition for a statutory injunction under section 97(1) of the Workers Compensation Act against D & G Hazmat Services Ltd. and related individuals. The WCB sought to compel compliance with occupational health and safety (OHS) regulations.
Legal Issues:
- Whether the lower court correctly applied the test under section 97(1) in denying the injunction.
- Whether there were exceptional circumstances justifying the denial of the statutory injunction.
Court’s Decision:
- The Court of Appeal found that the chambers judge erred in determining that the WCB did not satisfy the factual test under section 97(1), which led to the dismissal of the injunction petition.
- It was held that once the factual basis under section 97(1) is established, there is limited discretion to deny an injunction unless exceptional circumstances exist, which were not present in this case.
Outcome:
- The appeal was allowed, reversing the lower court's decision.
- The injunction was granted, mandating D & G Hazmat Services Ltd. and associated individuals to comply with OHS provisions and regulations??.
- The document did not specify a total amount of costs or award.
