Kinnaird v. Workmen's Compensation Board

Kinnaird v. Workmen's Compensation Board

The Board's March 28, 1957 letter satisfied s.54A(9)'s written-notification requirement; the specialist's certificate is conclusive only as to the medical matters it addresses and does not remove the Board's statutory jurisdiction to review the whole claim and determine entitlement to compensation based on...

Source-derived case information.

Citation
[1963] SCR 239
Parties
Appellant / Prosecutor: Robert C. Kinnaird; Respondent: The Workmen's Compensation Board
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 April 1963
Procedural Posture
Workmen's Compensation Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation Act, Medical Appeal Procedure, Mandamus, Certiorari, Jurisdiction of Administrative Tribunal, Conclusiveness of Expert Certificate
Source Language
english
Labour Law Administrative Law Judicial Review Workmen's Compensation Act Medical Appeal Procedure Mandamus Certiorari Jurisdiction of Administrative Tribunal +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Robert C. Kinnaird

Appellant / Prosecutor

The Workmen's Compensation Board

Respondent

Procedural Posture

Workmen's Compensation Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether the Board declined jurisdiction by failing to notify the workman of its decision regarding matters in the specialist's certificate under s.54A(9)
  2. 2 Whether the specialist's certificate, being 'conclusive as to the matters certified' under s.54A(5), compelled reinstatement of compensation
  3. 3 Whether courts may review the Board's exercise of discretion on certiorari when decision falls within Board's statutory jurisdiction

Ratio Decidendi

The Board's March 28, 1957 letter satisfied s.54A(9)'s written-notification requirement; the specialist's certificate is conclusive only as to the medical matters it addresses and does not remove the Board's statutory jurisdiction to review the whole claim and determine entitlement to compensation based on diminution of earning capacity; therefore the Board acted within its jurisdiction and the courts cannot set aside its decision by certiorari for errors made within that jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs