Cost transfer granted: his pants caught fire due to his own negligence

Release date: February 20, 2010

A tree top cutter forgot to replace the cap on his chainsaw’s gas tank. Gas leaked on his pants as he walked. He then lit a cigarette and his pants caught fire, causing severe burns on his legs. He confirmed to the C.L.P. that he was well aware of the employer’s guideline concerning the obligation to replace the cap on the gas tank. In addition, every year, the employer hands a notice to employees reminding them of the smoking ban while in the forest. According to the C.L.P., these are unusual, if not exceptional circumstances, which stem from a personal activity on the part of the employee, one that is totally unrelated to the employer’s activities. The total costs of this employment injury are removed from the employer’s financial file. Coopérative forestière des Hautes-Laurentides, 2009 QCCLP 4166 (C.L.P.) Ms. Martine Montplaisir


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