The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision which found that the plaintiffs' right of action for personal injuries sustained in a parking lot motor vehicle accident was not taken away under the Workplace Safety and Insurance Act.
The applicant argued the Tribunal erred in its treatment of post-hearing evidence and in its factual findings regarding the employment status of the defendants.
The Divisional Court dismissed the application, holding that the Tribunal's decision was reasonable, it did not breach procedural fairness, and its weighing of the evidence was entitled to deference.
