Restitution Discussion Group Archives
| Sender: |
John Swan |
| Date: |
Fri, 20 Sep 2002 08:30:51 -0400 |
| Re: |
Recovery of hospital and ambulance costs |
As a footnote to the discussion of the allocation of
the costs of industrial accidents in the UK (which seems from a North
American perspective to move the UK to a system of workers' compensation
closer to the North American model), the issue of the interrelation of
the UK regime and Canadian regimes was raised in the recent case of Garrett
Estate v. Cameco Corp. (2001), 38 C.C.L.I. (3d) 81, (Sask. Q.B.). That
case illustrates how an insurer dealt with the claims of Canadian widows
to compensation for the deaths of their husbands in a helicopter crash
in Kyrgyzstan and the appropriate statutory scheme to apply (by analogy
only) to fix the amount. The inapplicability of the UK regime to deal
appropriately with the problems was vividly illustrated. The case also
illustrates (in an extract from the evidence of an officer of the insurer)
how an insurer may sometimes struggle to deal fairly and not technically
with claims which, arguably, could have been dismissed.
John Swan (McGill University)
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