25 Feb 2022
The applicant's judicial review was dismissed as without merit; there are no exceptional public interest reasons to depart from the normal rule that costs follow the event; the respondent's costs on a category 2B scale and disbursements are reasonable and payable by the applicant, resulting in an award of $27,776 to the respondent.
1 Aug 2017
Although the Work Capacity form's wording risks conflating open and sheltered employment and is deficient, Ministry decision‑makers are required to and do assess eligibility independently using statutory tests and internal Guidelines; therefore the identified flaw in the form does not, as a matter of ordinary practice, render Ministry decisions unlawful and the application for relief is declined.
8 Nov 2013
The court preferred the contemporaneous rheumatological and radiological evidence (Dr Lynch, Dr Reeves and related specialists) over the belated opinion of Dr Orr and the speculative opinions of non‑examining clinicians, found no persuasive causal link between the January 2008 accident and an ongoing traumatic knee condition, and therefore dismissed the appeal upholding the Corporation's determination that the knee condition was not accident‑related.