Canada Case Law

Canada (Procureur Général) c. Joseph

Court

Federal Court of Appeal

The court held that s.21(3) applies solely to benefits payable under plans for which an employer's premium has been reduced under regulations made under s.69(1). Because the employer was not enrolled in that program and CNESST is a provincial statutory scheme not covered by s.69(1), the Appeal Division misapplied s.21(3); its decision was not justified by law and was set aside and remitted for reconsideration.

Source excerpt

• Interpretation of statutory deduction provisions
• Eligibility for extended ei benefits
• Interaction between provincial workers' compensation and federal ei regime

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Dr. Aref Tabarsi Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

The Vice Chair's interpretation that 'court' and 'action' in s.311 WCA include private arbitrations and privately appointed arbitrators is patently unreasonable because it impermissibly expands WCAT's exclusive jurisdiction beyond the statute and legislative intent; however, WCAT's finding that the petitioner's arbitration claim includes elements of personal injury (mental distress) is supported by a tenable line of analysis and is not patently unreasonable; accordingly the Decision is quashed to the extent it treats private arbitrations as 'court actions' and the matter is remitted to WCAT t…

Source excerpt

• Jurisdiction of administrative tribunal
• Statutory interpretation of 'court' and 'action'
• Standard of review (patent unreasonableness)
• S. 311 certification under wca
• Privative clause
• Personal injury vs contract damages

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Nova Scotia (Workers’ Compensation Board) v. O’Brien

Court

Nova Scotia Court of Appeal

The Board failed to establish irreparable harm absent a stay; Devco controls the contextual irreparable harm analysis in the workers' compensation scheme, and on the facts the balance of convenience favors the worker; therefore the motion for a stay is dismissed.

Source excerpt

• Stay of execution
• Irreparable harm
• Leave to appeal
• Causation
• Overpayment recovery

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Macovei v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

Judicial review of a WCAT survivor-benefits decision was allowed because the tribunal misread the effect of an earlier Board decision and relied on an unclear medical opinion.

• Standard of review
• Causation
• Survivor benefits
• Compensability
• Binding effect of prior administrative decisions
• Judicial-review

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Chan v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

British Columbia Court of Appeal

The Court of Appeal quashed parts of two interlocutory appeals, refused sealing and no-fee relief, and ordered $10,000 security for costs of the appeals.

• Sealing orders
• Security for costs
• Jurisdiction to appeal
• Costs awards
• Anonymity orders
• Open court principle

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Pereira v. British Columbia (Workers’ Compensation Board)

Court

British Columbia Court of Appeal

Appeal dismissed. The Court of Appeal held the review officer reasonably declined administrative penalties and did not breach procedural fairness or show bias.

• Bullying and harassment
• Mobbing
• Procedural fairness
• Administrative penalties
• Risk assessment
• Bias

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Levis v. British Columbia (Workers' Compensation Appeal Tribunal)

Court

Supreme Court of British Columbia

La Cour rejette une demande de production de documents dans un contrôle judiciaire, rappelant que cette mesure est exceptionnelle et liée à la portée restreinte du contrôle.

• Document production
• Tribunal jurisdiction
• Scope of review
• Procedural fairness
• Public interest
• Judicial-review

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Simms v. Alzawad

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal over WorkSafeBC payments, holding only statutory “health care” amounts must be included in damages, while vocational rehabilitation remained subject to common-law proof.

• Worksafebc payments
• Definition of health care under wca
• Vocational rehabilitation
• Special damages
• Assessment of necessity and reasonableness
• Workers-compensation

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Tsegaye v. Workers' Compensation Appeal Tribunal

Court

Supreme Court of British Columbia

The court struck and dismissed a self-represented plaintiff’s claim against the Workers’ Compensation Board, finding statutory bars and an improper collateral attack.

• Privative clause
• Statutory immunity
• Judicial review versus civil action
• Foippa immunity (s.73)
• Strike/dismiss under rule 9-5 and summary dismissal under rule 9-6
• Strike-pleading

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Lawrence v. British Columbia (Workers’ Compensation Appeal Tribunal)

Court

British Columbia Court of Appeal

Appeal dismissed from judicial review of a WCAT reconsideration decision. The court held the original WCAT decision was time-barred and no reviewable error was shown in reconsideration.

• Limitation periods
• Reconsideration jurisdiction
• Procedural fairness
• Bias and reasonable apprehension of bias
• Causation of mental disorder
• Statutory interpretation

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