Facts

On a spring day in the late 1990s, three individuals drove a grain feed truck on or near the Happy Valley Farm Ltd. in central Alberta. The truck was mounted with an unloading auger which, when extended, carried feed out of the truck bed through its spiral shaft. While driving underneath power lines, the still-extended auger—usually retracted during transport—collided with the lines, damaging them. Happy Valley hired a journeyman electrician to repair the damage. To access the lines, he climbed a nearby power pole, which suddenly broke and fell on top of him.

As a result of the fall, he fractured his left pelvis and right elbow. He also suffered major contusions and additional minor injuries. The injuries required several surgeries and extensive physical therapy. On top of the expenses and lost income related to medical care and rehabilitation, as well as the damages associated with his pain and suffering resulting from the fall, he alleged that his injuries inhibited his ability to perform basic household tasks, leaving him dependent on the assistance of others. Further, he claimed that the lasting effects of his injuries would render him unable to fully compete with his healthy co-workers, disadvantaging him professionally and limiting his opportunities for future advancement. Because his injuries were sustained on the job, he received some disability benefits from the Workplace Compensation Board (WCB), a provincial agency responsible for administering disability insurance. These benefits were limited, however, and terminated several months after the accident.

Seeking to recover damages, the electrician sued Happy Valley, claiming that the farm, as owner of the property on which the power pole stood, had been negligent in ensuring the premises were reasonably safe for visitors. In particular, their failure to inspect the pole, take necessary steps to ensure its safety, and to warn or advise the electrician of the risk, led to his injuries. In total, he claimed nearly $7 million in damages.

Because he was injured on the job and received WCB benefits, the electrician's claim was limited by the WCB legislation. Therefore, he had to withdraw the claims he had originally filed against the three individuals for damaging the pole in the first place, because the legislation prohibited suits against other individuals covered by WCB legislation (i.e., other employees).