Free activities during a convention: a ski injury is an accident which occurred in the context of work

Release date: September 9, 2009

An employee challenges a decision by the CSST stating that she had not sustained a work-related injury. The incident occurred during an annual meeting at Mont Sainte-Anne. While skiing during a period of free activities, the employee fell and suffered a sprained knee. The C.L.P. approved the claim for the following reasons: 1) the presence of employees at this meeting was mandatory; 2) the period of free activities took place right in the middle of the period of the convention; 3) the employee was paid during this period; 4) there was a supervisor/subordinate relationship, since the employer organised this event; 5) the purpose of the event was to motivate and compensate employees, with an obvious benefit to the employer arising from his employees’ heightened motivation. The employee’s accident is therefore deemed to have occurred in the context of her job. Grisé v. Desjardins Sécurité financière , compagnie d’assurance-vie, CLPE 2008LP-1 (CLP) Me Santina Di Pasquale (Sept., # 11)


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