Does the word “out of” or “in the course” apply to a claim for wrongful dismissal?
Saskatchewan, Canada
The following excerpt is from Gonyea v. Canadian Northern Railway Co., 1913 CanLII 129 (SK CA):
In Fitzgerald v. Clarke, [1908] 2 KB. 796, at 799, Buckley, L. J., says:— The words “out of” point, I think, to the origin or cause of the accident; the words “in the course of” to the time, place, and circumstances under which the accident takes place. That is, in determining whether the accident took place “in the course of” the employment, we must consider the time, place, and circumstances under which it took place.
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