ADAM SOLIMANADAM SOLIMANADAM SOLIMAN
06049049233
BC V7M 1A4
ADAM SOLIMANADAM SOLIMANADAM SOLIMAN

COURT OF APPEAL FOR BRITISH COLUMBIA

Citation: Jirasek v. Zhao, 2020 BCCA 308
Date

20201102

Docket: CA46155
Between:
Vaclav Jirasek |  Appellant (Plaintiff)
And
Catherine Zhao (property owner/employer), Kevin Hughes (excavator operator), “Mana” Excavation Company Owner Respondents (Defendants)

Before:
  • The Honourable Chief Justice Bauman
  • The Honourable Madam Justice Fenlon
  • The Honourable Mr. Justice Fitch

On appeal from: An order of the Supreme Court of British Columbia, dated May 15, 2019 (Jirasek v. Zhao, 2019 BCSC 828, Vancouver Docket S1611909).

Summary:
Appellant was injured in a workplace accident. He applied to the Workers’ Compensation Board, which, in a series of decisions, awarded the appellant some compensation. Appellant filed a petition for judicial review of the Board’s decisions, seeking additional compensation, but did not further pursue the petition. Appellant instead filed and pursued a civil claim against the respondents for frustrating his efforts to obtain proper compensation from the Board. The chambers judge struck the claim on the basis that the appellant was barred from pursuing damages for work place injuries subject to the process in the Workers Compensation Act. The appellant seeks reinstatement of the claim.
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