On July 10, 2012, two Yukon Government employees were being
transported by helicopter during a project involving the collection
of grizzly bear hair samples. Regrettably, the employees were
injured during an attempted landing. As a result of the accident,
they commenced a lawsuit against Horizon Helicopters, the owner and
operator of the helicopter.
In many jurisdictions across Canada, Workers' Compensation
legislation provides a "statutory bar", which prevents
one worker from pursuing a lawsuit against another worker or
against an employer when he or she is injured while in the course
and scope of employment (i.e. while working). Instead, the worker
must apply for WCB benefits. Under Yukon legislation, a worker may
choose whether to apply for WCB benefits or pursue a lawsuit if the
work-related injury arose from the use and operation of a vehicle.
A vehicle is defined as being any mode of transportation (such as a
helicopter), the operation of which is protected by
