Tan v. Pacific Brilliance ( The )
T-1325-95
Rouleau J.
21/10/96
8 pp.
Motion to strike third-party notice-Suit arising out of death of Bon Kiem Tan who fell from gangplank while disembarking M.V. Pacific Brilliance-Ship moored alongside birth owned, operated by Westmore Terminals Ltd.-Tan employee of Vancouver Shipyard Co. Ltd., "worker" within meaning of Workers Compensation Act of British Columbia-Death occurring in course of employment-Compensation agreed upon for plaintiffs-Rights subrogated by statute-Action launched by Workers Compensation Board in attempt to recover from other negligent parties-When injured employee claims benefits under Act, Board subrogated to rights of injured employee, may entertain action in name of employee-Motion to strike third-party notice should be allowed-No lis between defendants, third parties-Under statute, jurisprudence, should not be joined even conditionally-Procedure followed by defendants clearly unwarranted-Workers Compensation Act, R.S.B.C. 1979, c. 437, s. 10.