The Workers Compensation Board and BC Government have filed a response to a class action lawsuit brought by workers of Lakeland Mills and Babine Forest Products. (previous story)
The response to civil claim filed in BC Supreme Court on Friday denies WorksafeBC was negligent during inspections prior to, and in investigations following the dust explosions at the two mills in 2012 that claimed 4 lives.
“The Board has, at all times, acted within its jurisdiction and in accordance with its statutory mandate, or acted within what it believed was within the jurisdiction of the Board” the response states.
It also claims the lawsuit should be barred by Section 10 of the Workers Compensation Act, saying the workers cannot sue the Board as an “employer”. It also calls for the lawsuits dismissal under several other legal clauses, including that they believe the lawsuit is not suitable for a class action.
The Board claims that those legal clauses also provide it protection from the lawsuit’s Charter of Rights challenge, which states the workers suffered deprivations of life and security due to the actions of the board.
The date for a potential hearing has not been set as of yet.