The appellants appealed from a judicial review decision that upheld a tribunal finding that because a worker’s claim was not compensable under the legislation, the claim did not arise out of and in the course of employment. The Court of Appeal allowed the appeal, finding that the tribunal’s interpretation imposed a construction that was contrary to the legislative intent and at odds with the factual realities of the situation. The court substituted its own determination on the substance of the claim.
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – In and out of the course of employment – Statutory provisions – Psychological injury – Stress claims – Validity and application of policies and guidelines – Judicial review – Compliance with legislation – Legislative intent – Standard of ...