McIver v. McIntyre | 2018 ABCA 151 | Alberta Court of Appeal

... the fact that [the employer] cannot be sued, and so cannot be held vicariously liable, makes no difference to whether its notional vicarious liability constitutes “fault” [for the purpose of s. 23(2) of the Worker's Compensation Act, R.S.A. 2000, c. W-15].