The Attorney General of Canada submits the following with respect to the facts, issues and law in this Application.
- The Plaintiff claims damages for personal injuries suffered when she tripped over a pallet after she alighted from an elevator, located on federal Crown premises. She initially brought action against two transport companies, and also against one John Doe (against whom no allegations appeared in the pleadings). She later added the two federal Crown departments.
- Subsequently, the Defendant Van-Kam Freightways Ltd. brought third party proceedings against the Attorney General of Canada, claiming contribution or indemnity for the accident. No contract of indemnity was alleged in the Notice.
- And subsequently, the Plaintiff released one of the Defendants from the action, Canpar Transport Ltd.
- At all material times, the Plaintiff was an employee of the federal Crown and in the course of her employment.
When Diana Pearse got off an elevator in a federal office building in Vancouver, she tripped over a pallet and broke her ankle. No one knows for sure who left the pallet there. Nevertheless, Ms. Pearse has received $5107 from a federal program for no-fault compensation and was entitled to receive more before she decided to discontinue benefits and file suit.
The issue is whether the Federal Crown can be compelled to participate in litigation despite having provided benefits to Ms. Pearse.