Is a plaintiff entitled to eat his dinner at work?
Saskatchewan, Canada
The following excerpt is from Gonyea v. Canadian Northern Railway Co., 1913 CanLII 129 (SK CA):
As was pointed out, however, by Lord Justice Farwell in Gilbert v. Owners of Steam Trawler Nizam, [1910]2 KB. 555:— The necessity for food no more arises out of his employment than the necessity for sleep. The man who is crushed by a falling wall on his employer’s premises while he is eating his dinner recovers compensation because he is entitled to be on the spot by virtue of his contract of employment, and not because he was eating his dinner; but it is no part of his contract of employment that he should go home or eat or drink or sleep at home or anywhere else.
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