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Unpublished Paper
Mental stress, workers compensation and equality: Plesner v British Columbia Hydro and Power Authority
(2010)
  • Mel Cousins, Glasgow Caledonian University
Abstract
This note discusses the decision of the British Columbia Court of Appeal that restrictions on the right of a person affected by mental stress to recover compensation under the British Columbia workers compensation code were in breach of the equality provisions (s. 15) of the Canadian Charter of Rights. Although (because of the specific facts of the case) the result of the judgement was only that certain provisions of the relevant Policy (13.30) of the Workers Compensation Board were ‘read down’, the implications of the decision cast doubt on the wider restrictions on compensation for mental stress which remain in force in British Columbia and may also have implications for other Canadian jurisdictions with similar restrictions. This note also discusses the broader implications of this and other recent decisions as regard the operation of workers compensation codes in the context of the guarantee of equal protection set out in the Charter and the interpretation of the of s. 15 in the light of the Canadian Supreme Court’s new approach set out in Kapp.
Keywords
  • Workers compensation,
  • equal protection,
  • mental stress
Disciplines
Publication Date
2010
Citation Information
Mel Cousins. "Mental stress, workers compensation and equality: Plesner v British Columbia Hydro and Power Authority" (2010)
Available at: http://works.bepress.com/mel_cousins/13/