Lawsuit against government department, co-worker claims defendant suffered burns at employer's event
The British Columbia Supreme Court has adjourned a case filed by one Department of Fisheries and Oceans (DFO) employee and a co-worker over an incident that, she claimed, led to her injuries.
Meghan Hull filed the civil lawsuit against her co-worker Brent Gregory back in July 2023, naming the Department of Fisheries and Oceans as a co-defendant, according to a report from Castanet.
The incident happened on Oct. 21, 2021 at the employer’s Halloween party, Hull claimed in her lawsuit, according to the report. At that time, both Hull and Gregory were working as fisheries technicians for DFO's Chinook Mark-Recapture Project.
Shortly after midnight after a night of drinking with a group of co-workers, Gregory poured gasoline on the ground in the shape of a fish and lit it on fire. The fire spread towards Hull, she claimed, and that it lit her clothes on fire, resulting in “significant burn injuries”.
Gregory – in his response to the lawsuit – admitted that he performed a similar stunt about two weeks prior to the incident in the presence of “Senior DFO Officials,” none of whom objected to his conduct, according to the report.
On the night of the incident, he had also been lighting pumpkins on fire with gasoline, and "none of the senior DFO officials asked Gregory to stop igniting the gasoline within the pumpkins,” Gregory claimed, according to the report.
Also, DFO – a seasonal worker – offered him another seasonal contract for the 2022 work season after the incident with Hull, Gregory claimed, according to Castanet.
Gregory also claims there was a "culture of consuming alcohol and partying after work hours concluded" at the work camp, and parties were often organized by senior DFO employees. He added that DFO is "vicariously liable" for any of his alleged negligence.
Meanwhile, the employer filed an application to bring an end to the lawsuit, stating that Hull has already received a $75,000 compensation for her injury under the Government Employees Compensation Act, administered through WorkSafeBC.
Because of this, Hull can’t seek additional funds through civil litigation.
Hull admitted receiving compensation but said she’s willing to repay it because she’s not entitled to it. That’s because the incident did not happen in the course of her employment, according to the report.
BC Supreme Court Justice Nigel Kent decided to adjourn the case until Hull's separate application with the British Columbia Workers’ Compensation Appeal Tribunal over whether the injuries “arose out of and in the course of their employment” is settled.
“If such a determination/certification is made, that may inevitably result in dismissal of the civil litigation against both the Crown and Mr. Gregory,” Kent said, according to the Castanet report.
“I prefer to let the proceedings before [Workers’ Compensation Appeal Tribunal] unfold before the court makes any determination on the merits of the Crown's claim for immunity in this case, whether in the context of any application to strike out the claim or for any other form of summary judgment.”
