Teacher elbow injury case against Surrey School District, WorkSafeBC hit by judge – Surrey Now-Leader


A Surrey school teacher who took legal action against the Surrey School District and WorkSafeBC after injuring his elbow during a workshop class in January 2018 lost a legal battle after a judge from the Supreme Court of British Columbia quashed the civil action.

Mykola Misiak, who has been a teacher since 1999, filed a lawsuit against Surrey School District 36, WorkSafeBC, Scott McRae, Jennifer Papageorge and Lynn Gonske.

The defendants requested that the case be struck or dismissed.

“My order today is simply that your action be struck, not dismissed,” the judge told the plaintiff. A deleted file can be reopened but a rejected file is closed.

Justice Ian Caldwell delivered his reasons for judgment by videoconference.

“There may be, and I agree, Mr. Misiak, you may have very serious complaints and very serious injuries, you may have very legitimate claims and complaints about the system, but there is a system in place. to deal with it, and that’s the administrative process you need to go through.

Caldwell noted that the processes established by law and its collective agreement must be followed.

“The court has no discretion in this regard. The court has no role to play at this stage. It only retains its role in terms of judicial review function at the end of the process, once it has run its course, ”he said. “At the end of the day, there really is little alternative. The notice of civil action in this situation must be struck out in full.

The court heard that Misiak’s injury required surgery. The judge remarked “it’s interesting to note that he said in his complaint that he heard a pop and his elbow gave way.

Misiak has so far received just over $ 80,000 in compensation from the workers’ compensation board, the judge noted.

“The filed notice of civil suit essentially indicates that the plaintiff is not satisfied with the way the school district or their representative Ms. Gonske, or the Workers’ Compensation Board or their representatives, Mr. McRae and Ms. Papageorge, have handled the matter, ”Caldwell noted in his reasons. “He alleges that there were errors, that he was not believed, that there were delays, etc. and it caused him physical injuries, treatment delays, financial injuries, as well as stress and anxiety. He says the school changed his position in terms of accommodation and as a result he lost his salary, promotion opportunities and seniority.

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