Administrative law – Decisions reviewed – Workers Compensation Boards – Limitation of actions – Judicial review – Procedural requirements and fairness – Bias – Legislative compliance – Standard of review – Patent unreasonableness – Evidence – Fresh evidence – Admissibility Aghili v. British Columbia (Workers’ Compensation Appeal Tribunal), [2022] B.C.J. No. 778, 2022 BCSC 717, ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Judicial review – Appeals – Standard of review – Reasonableness – Correctness O’Rourke v. Workplace Health, Safety and Compensation Commission, [2022] N.J. No. 42, 2022 NLCA 14, Newfoundland and Labrador Court of Appeal, February 25, 2022, B.G. Welsh, L.R. Hoegg and G.D. Butler ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Compliance with legislation [Interpretation] – Judicial review – Appeals and leave to appeal – Standard of review – Reasonableness – Workers compensation – Pensions – Eligibility Canada (Attorney General) v. Burke, [2022] F.C.J. No. 321, 2022 FCA 44, Federal Court of Appeal, March 15, 2022, ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review applications – Appeals – Standard of review – Reasonableness – Compliance with legislation – Discretion of delegated authority – Workers compensation – Benefits Smith v. Manitoba (Appeal Commission), [2021] M.J. No. 211, 2021 MBQB 149, Manitoba Court of Queen’s Bench, June 25, 2021, ...
Administrative law – Decisions reviewed – Workers Compensation Board – Judicial review – Legislative compliance – Appeals – Standard of review – Correctness – Reasonableness – Worker’s compensation – Statutory provisions – In and out of the course of employment New Brunswick (Workplace Health, Safety and Compensation Commission) v. St-Onge, [2018] N.B.J. No. 198, 2018 ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Paramedics – Judicial review – Standard of review – Reasonableness – Employment Simcoe (County) v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2018] O.J. No. 1081, 2018 ONSC 1319, Ontario Superior Court of Justice, March 1, 2018, F.N. Marrocco A.C.J.S.C.J., F.P. Kiteley and M.G.J. ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Benefits – Validity and application of policies and guidelines – Judicial review – Appeals – Compliance with legislation – Ultra vires Skinner v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2018] N.S.J. No. 74, 2018 NSCA 23, Nova Scotia Court of Appeal, March 9, 2018, D.R. ...
Administrative law – Decisions reviewed – Workers Compensation Boards – Judicial review – Appeals – Standard of review – Patent unreasonableness – Workers compensation – Occupational disease Workers compensation Goik v. British Columbia (Workers’ Compensation Appeal Tribunal), [2017] B.C.J. No. 1949, 2017 BCSC 1756, British Columbia Supreme Court, September 29, 2017, J.E. Watchuk J. (In ...
A Workers’ Compensation policy on new evidence is within the specialized area of the decision-maker. Administrative law – Decisions reviewed – Workers Compensation Boards – Fresh evidence – Admissibility – Judicial review – Standard of review – Reasonableness – Limitations – Extension of time Gallant v. Alberta (Workers’ Compensation Board), [2017] A.J. No. 889, 2017 ABQB 520, Alberta ...
Court dismisses judicial review for failing to comply with a legislatively prescribed limitation date. Administrative Law – Decisions of administrative tribunals – Delay – Judicial Review – Legislative compliance – Mental stress – Patent unreasonableness – Standard of Review – Workers Compensation – Workers Compensation Boards Van Dam v. British Columbia (Workers’ Compensation Appeal Tribunal), ...