Law360 Canada ( May 13, 2024, 2:12 PM EDT) -- Appeal by Workers' Compensation Board ("Board") from order dismissing its petition seeking statutory injunction on grounds including that judge erred in law by failing to correctly apply factual test in s. 97(1) of Workers Compensation Act ("Act"). Gaday was at one time the director of D & G Hazmat Services Ltd. ("D & G") which was registered with the Board as an asbestos abatement company. Between its operations, the Board issued OHS orders against D & G including 45 potential high-risk violations, five stop work orders and five administrative penalties. The Board issued a stop operations order against D & G ("D & G Stop Operations Order"). D & G unsuccessfully sought a review of that order. D & G ceased operations. 117095 B.C. Ltd. ("117") registered with the Board as an asbestos abatement company. Gaday was employed by 117. 117's registration with the Board was cancelled. Gaday applied to renew the registration and informed the Board that 117 was not affiliated with D & G. The Board took the position that D & G and 117 were related entities, and that D & G's history of OHS violations should be transferred to 117. 117 was cited for seven high-risk violations. The Board also concluded that because they were effectively the same entity, the D & G Stop Operations Order applied to 117. After reviewing the legislative framework and the Board's Administrative Decisions, the judge found that Gaday had never personally been cited for violating the Act or the Occupational Health and Safety Regulation ("Regulation"). He went on to find that there was no evidence suggesting Gaday was unlikely to comply with the Act or the Regulation as he was not bound by those provisions because he was operating as a sole proprietor at the time....