Law360 Canada ( February 15, 2018, 8:43 AM EST) -- Appeal by Weir’s Construction from a judge’s determination that a subrogated action on behalf of Warford’s estate could proceed against Weir’s. Warford worked for Weir’s as a mechanic. He was injured while repairing a large truck, when the truck rolled off blocks that it had been placed on for the purpose of repairing it. His lower body was crushed. Warford received compensation benefits. The Workplace Health, Safety and Compensation Commission abandoned a subrogated claim against Weir’s, but permitted Warford to proceed with the claim. The Commission subsequently determined that the action was prohibited because the accident in which Warford was injured did not involve the use of a motor vehicle. On judicial review, the judge focused on the availability of a claim in negligence based on the use of a front-end loader and a flatbed truck to move the truck onto the blocks for repair in finding that the accident did arise from the use of a motor vehicle, such that an exception to the bar on claims by injured workers applied....