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Human rights application reactivated and scheduled for a summary hearing on reasonable prospect of success.
The applicant requested to reactivate her human rights application against the Workplace Safety and Insurance Appeals Tribunal (WSIAT), which had been deferred pending a reconsideration decision by WSIAT.
The only remaining issue was whether WSIAT discriminated against the applicant on the basis of family status by failing to offer funding for child care so she could attend a hearing.
The Tribunal granted the request to reactivate the application but directed that a summary hearing be scheduled to determine whether the application has a reasonable prospect of success.
Appeal allowed; WSIAT decision denying benefits reinstated as it was reasonable and supported by evidence.
The respondent was denied workers' compensation benefits by the Workplace Safety and Insurance Appeals Tribunal, which found no causal link between his 1979 workplace back injury and his current back problems.
The Divisional Court allowed the respondent's application for judicial review, finding the Tribunal's decision patently unreasonable.
The Tribunal appealed.
Applying the newly established Dunsmuir standard of reasonableness, the Court of Appeal allowed the appeal and reinstated the Tribunal's decision, holding that the Divisional Court erred by reweighing the evidence and that the Tribunal's factual findings were supported by the record and entitled to deference.
