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Car owner’s liability vs. that of repair shop at centre of Alberta workers’ compensation appeal

Wednesday, April 25, 2018 @ 3:21 PM | By Terry Davidson

A recent Alberta appeal decision shows workers’ compensation boards cannot sue “innocent” third party vehicle owners to recoup benefits paid to those injured in collisions between at-work drivers, says a lawyer involved.

The April 18 Court of Appeal of Alberta decision in McIver v. McIntyre 2018 ABCA 151 pitted Carlyle McIntyre, a customer who had left his vehicle at Calgary Propane and Automotive for repairs, against appellant Brent McIver, a driver who suffered injuries in a collision with a shop mechanic test driving McIntyre’s car.

On April...