The appeal by a worker (“Plesner”) from a judicial review of his claim for workers’ compensation was allowed where the Court found that provisions and policies under the Workers’ Compensation Act R.S.B.C. 1996 c.492 (the “Act”), breached his Section 15(1) Charter rights as they require a worker to meet a significantly higher causation threshold for a purely mental work-related injury than required for those who suffer purely physical workplace injuries

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Charter of Rights and Freedoms – Workers compensation – Benefits – Traumatic event – Psychological injury – employment related – Validity and application of policies – Judicial review – Compliance with legislation – Remedies – Charter relief Plesner v. British Columbia (Hydro and ...

The Court quashed a policy decision of the Workers Compensation Board (“WCB”) Board of Directors (“BOD”) on the ground that it made a patently unreasonable interpretation of the word “recurrence” to include deterioration

27. June 2006 0
Administrative law – Workers compensation – Benefits – Recurrence vs. deterioration – Validity and application of policies – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Compliance with legislation – Interpretation of legislation – Standard of review – Patent unreasonableness Cowburn v. British Columbia (Worker’s Compensation Board), [2006] B.C.J. No. 1020, British Columbia ...

A petition seeking an order quashing the decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”) and a declaration that the petitioner was not a “worker” was dismissed by the Court as the Court found that the WCAT did not act beyond its jurisdiction and its decision was not patently unreasonable

25. January 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Validity and application of policies – Worker – definition – Statutory provisions – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Harris v. 149925 Canada Ltd., [2004] B.C.J. No. 2542, British Columbia Supreme Court, December 6, 2004, Boyd J. The petitioner sought ...