The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

23. April 2013 0
Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...

The Public Guardian and Trustee (“PGT”) brought a petition against the Workers Compensation Board (“WCB”) and put forward a series of questions respecting the jurisdiction of the Court to exercise its parens patriae jurisdiction in relation to any “excess”, as per s.10(6) of the Workers Compensation Act R.S.B.C. 1996, c. 492 (“WCA”), recovered by the WCB in a subrogated claim relating to an infant. The Court found that the Court’s parens patriae jurisdiction did not apply in this case.

23. November 2010 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Subrogated actions – Judicial review – Jurisdiction – Compliance with legislation – Jurisdiction of court – Protection matters – Children British Columbia (Public Guardian and Trustee of) v. British Columbia (Workers’ Compensation Board), [2010] B.C.J. No. 2058, 2010 BCSC 1486, British ...

The Workers’ Compensation Commission was unsuccessful in appealing a decision of the Trial Division which had overturned a decision of one of the Commission’s internal review specialists relating to whether or not the Commission was entitled to maintain a subrogated action. The Court of Appeal found that the decision of the internal review specialist was patently unreasonable as it resulted from an inappropriate approach to statutory interpretation.

23. September 2003 0
Administrative law – Workers compensation – Subrogated actions – Administrative decisions – Statutory provisions – Use – Definition – Statutory interpretation vs. judicial interpretation – Judicial review application – Standard of review – Patent unreasonableness Warford v. Weir’s Construction Ltd., [2003] N.J. No. 178, Newfoundland and Labrador Supreme Court – Court of Appeal, July 17, 2003, Cameron, ...