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Judicial review of WSIAT decision denying time extension for WSIB appeal dismissed as reasonable.
The applicant, a migrant farm worker, sought judicial review of decisions by the Workplace Safety and Insurance Appeals Tribunal denying his request for an extension of time to appeal a 2008 decision denying his WSIB claim.
The applicant argued the tribunal overlooked his diligence, miscalculated the delay, and failed to consider his vulnerability as a migrant worker.
The Divisional Court dismissed the application, finding the tribunal's decisions were reasonable, properly applied a holistic approach to the delay, and adequately considered the applicant's circumstances.
The court granted multiple public interest groups intervenor status with enhanced rights and exempted the action from mandatory mediation.
This endorsement addresses multiple motions for intervention by various public interest groups and a motion by the plaintiff for exemption from mandatory mediation and a blanket order regarding disclosure.
The court granted intervention status as "friends of the court" to the CCPI Coalition, Amnesty International, ESCR-Net, Colour of Poverty Coalition, and Migrant Worker Coalition, with varying rights including access to productions and attendance at discovery for some.
The court also granted the plaintiff's request to exempt the matter from mandatory mediation, citing the public interest nature and previous attempts at resolution.
The plaintiff's request for a blanket disclosure order to third parties was adjourned.
All intervenors were relieved from liability for costs.
