In what circumstances will a jury find that employment is not in physical contiguity to the factory?
Saskatchewan, Canada
The following excerpt is from Nielson v. Doraty, 1926 CanLII 155 (SK CA):
In Fenn v. Miller [1902] 1 Q.B. 788, at p. 793, 69 L.J.Q.B. 439, Collins, L.J., said: I draw a distinction between being engaged in a business which does not involve the necessity of physical contiguity to the factory, and the being actually in physical contiguity to the factory, by which I mean being within such area as a jury might say was reasonably necessary for the purposes of the business carried on in the factory; in the one case the jury would be entitled to say that the employment was about the factory; in the other they would not be so entitled.
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