The Federal Court of Appeal reinforced that absurd results must be avoided when interpreting legislation

19. April 2022 0
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, ...

The respondent, Healthcare of Ontario Pension Plan (HOPP), made a successful application to quash the applicant’s application for judicial review

19. October 2021 0
Administrative law – Decisions reviewed – Pension Appeals Board – Judicial review application – Jurisdiction – Issue estoppel – Workers compensation – Pension benefits Chartrand v. Healthcare of Ontario Pension Plan (HOOPP), [2021] O.J. No. 4550, 2021 ONSC 5840, Ontario Superior Court of Justice Divisional Court, September 2, 2021, K.E. Swinton J. The applicant, Joan ...

Court refuses application for review on reasonableness standard as applicant had not exhausted right of appeal under relevant legislation

21. September 2021 0
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, ...

This case involves a detailed consideration of section 7(2) of the Worker’s Compensation Act, which creates a rebuttable presumption whereby an accident occurring in the course of employment is deemed to also “arise out of that same employment” in the absence of evidence to the contrary. The purpose of the section is to attenuate the difficulty in proving that an injury in fact arises out of and in the course of one’s employment. The Commission argued the Tribunal erred in its interpretation and application of this provision. The court ultimately disagreed and engaged in a fairly detailed consideration of the provision.

16. November 2018 0
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 ...

Claim for compensation for occupational silicosis returned to WCAT for redetermination with regard to the disease and the compensation

22. November 2017 0
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 ...

Nurse’s application for judicial review of WCAT decision dismissed for failing to comply with limitation period

20. April 2017 0
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), ...

BC Court of Appeal affirms WCAT decision that accident on the way to employment related retreat “did not arise out of and in the course of their employment”

20. April 2017 0
Appellate court affirms Tribunal’s decision that injuries caused to members of a CEO advisory group did not arise out of and in the course of their employment. Administrative law – Appeals – Decisions of administrative tribunals – Evidence – In and out of the course of employment – Judicial Review – Patent unreasonableness – Policies ...

Ontario Court confirms WSIAT finding that workers stationed at a remote location travelling to and from restaurant on a lunch break “were acting in the course of their employment”

17. January 2017 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Worker defined – In and out of the course of employment – Personal time – Judicial review – Standard of review – Reasonableness Blatz v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2016] O.J. No. 6154, 2016 ONSC 7259, Ontario ...

Workplace Safety and Insurance Appeal Tribunals’ interpretation of review and recalculation provision imposing a cap on supplement due is reasonable

17. January 2017 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Statutory provisions – Judicial review – Compliance with legislation – Standard of review – Reasonableness Martin v. Ontario (Workplace Safety and Insurance Appeals Tribunal), [2016] O.J. No. 6159, 2016 ONSC 7364, Ontario Superior Court of Justice – Divisional ...

Repair and maintenance of a motor vehicle falls within “use of motor vehicle” under Workplace Health, Safety and Compensation Commission Act

25. October 2016 0
Application by worker for judicial review of decision of Workplace Health, Safety and Compensation Commission regarding statutory exception for civil actions under the Workplace Health, Safety and Compensation Commission Act. Administrative law – Bias – Compliance with legislation – Decisions of administrative tribunals – immunity from civil actions exceptions – Judicial Review – Workers Compensation ...