Law360 Canada (July 31, 2023, 9:15 AM EDT) -- Appeal by Campbell from chambers judge’s dismissal of his petition for judicial review of Workers’ Compensation Appeal Tribunal’s (“WCAT”) decision. He argued that the chambers judge erred in Campbell’s obligation to seek leave from WCAT to respond to Bowden and Elliott’s application for a s. 257 Workers’ Compensation Act (WCA) determination, among others. Campbell sustained significant injuries when the truck he was driving was struck by a logging truck owned by Bowden Contracting Ltd. (“Bowden”) and driven by Bowden’s employee, Elliott. Campbell commenced an action against Bowden and Elliott, as well as Emcon Services Inc. (“Emcon”), a government contractor repairing and maintaining highways in the province. Emcon, Bowden and Elliott filed a response pleading statutory immunity pursuant to s. 10 of the WCA which generally precluded civil actions to recover damages for personal injuries sustained by a worker in the course of their employment, where the injuries were caused by another worker or employer covered by the workers’ compensation scheme. WCAT issued a decision finding that Campbell and Elliott were both workers, Bowden and Emcon were both employers, and Campbell’s injuries arose out of and in the course of his employment. As a result, Campbell was precluded from proceeding with a civil action against any of Emcon, Bowden and Elliott. Campbell filed a petition seeking judicial review of the WCAT decision. The petition was heard, and the chambers judge issued reasons for judgment dismissing the petition....