David Curtis

Three injured workers appealed convictions or acquittal reversals under section 149(2) of the Workplace Safety and Insurance Act, 1997, which makes it an offence to wilfully fail to inform the Workplace Safety and Insurance Board of a material change in circumstances affecting entitlement to benefits.

The Court of Appeal clarified the mens rea requirement for this offence, holding that the Crown must prove the accused knew of a material change, intended not to inform the Board, and either intended to receive unentitled benefits or foresaw such receipt as substantially certain.

The court restored one acquittal and ordered new trials for two convictions.

The applicant father brought a motion for judgment seeking sole custody and limited supervised access, arguing the respondent mother had delayed a previously ordered custody and access assessment.

The respondent mother brought a cross-motion to dismiss the motion for judgment, reinstate her supervised access, and order the completion of the assessment.

The court dismissed the motion for judgment, finding that completing the assessment was in the child's best interests given the mother's treatable mental health issues.

The court ordered the assessment to be completed, reinstated supervised access, and ordered the applicant to pay the assessment fees in lieu of costs.