The appellant appealed a decision authorizing a writ of evocation against a workers' compensation review board.
The board had estimated the respondent's impairment of earning capacity based solely on the nature of the injury, refusing to consider his fitness to continue his employment or adapt to another occupation as required by the Workmen's Compensation Act.
The Supreme Court of Canada dismissed the appeal, holding that the trial judge was justified in authorizing the writ of evocation because the board's refusal to consider the statutory factors constituted a failure to exercise its jurisdiction.
