Daniel S. Revington

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision denying him long-term benefits for depression allegedly caused by a workplace injury.

The applicant argued he was denied natural justice because the Tribunal relied on a hearsay letter from his daughter, and that the decision was unreasonable.

The Divisional Court dismissed the application, finding that the Tribunal is permitted to admit hearsay evidence and the applicant had ample notice of the letter.

The Court also held that the Tribunal's conclusion that non-work-related factors outweighed the contribution of the workplace injury was reasonable and supported by ample evidence.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal regarding the nature and extent of injuries suffered in a workplace accident.

The Divisional Court dismissed the application, applying the highest level of deference to the Tribunal's assessment of medical evidence and credibility.

The court also ordered the applicant to pay costs to the Workplace Safety and Insurance Board for improperly adding them as an intervenor without an order.

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision declaring he had no right to sue his employer, Ontario Hydro, for injuries allegedly sustained in a nuclear accident.

The applicant argued that the federal Nuclear Liability Act created a statutory tort that ousted the provincial Workers' Compensation Act.

The Divisional Court dismissed the application, holding that the Nuclear Liability Act does not create a federal statutory tort and that federal jurisdiction over nuclear power does not oust provincial jurisdiction over employees' compensation schemes.

The court confirmed that the applicant must pursue his remedies under the provincial workers' compensation scheme.

The applicant suffered a workplace injury and was granted Future Economic Loss benefits.

The Workplace Safety and Insurance Board calculated his pre-injury earnings without including his employer's contributions to his union's health and pension plans.

The applicant appealed to the Workplace Safety and Insurance Appeals Tribunal, which upheld the decision.

The applicant applied for judicial review.

The Divisional Court granted the application, finding the Tribunal's decision patently unreasonable because it failed to consider the legislative history and the government's explanation for the applicable statutory provisions.

The applicant sought judicial review of two decisions by the Workplace Safety and Insurance Appeals Tribunal denying his claim for benefits related to seizure symptoms and denying his reconsideration request.

The Divisional Court applied the patent unreasonableness standard of review, finding that the Tribunal carefully weighed conflicting medical opinions and properly applied its test for reconsideration.

The application for judicial review was dismissed with no costs.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying her claims for benefits.

The Tribunal had found the applicant not credible and concluded that her job duties did not cause her absence and that no specific accident occurred.

The Divisional Court applied the patent unreasonableness standard of review and found that the Tribunal carefully reviewed the evidence and gave reasons for its decision.

The application for judicial review was dismissed.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying her request to reconsider a previous decision that denied her benefits for carpal tunnel syndrome.

The Tribunal had found a lack of temporal connection between her condition and her work.

The Divisional Court held that the standard of review was patent unreasonability and found that the Tribunal's findings of fact and refusal to reconsider were supported by medical evidence.

The application for judicial review was dismissed.