The applicant worker suffered a workplace injury and elected to receive workers' compensation benefits.
He subsequently commenced a civil action in negligence against the hospital, doctors, and college involved in his treatment.
The Workplace Safety and Insurance Appeals Tribunal determined that the action against the hospital and its employees was barred by the Workers' Compensation Act, but the action against the doctor and college could proceed, despite the Board waiving its right of subrogation.
The applicants and the counter-applicant doctor sought judicial review.
The Divisional Court dismissed the applications, finding that the Tribunal had exclusive jurisdiction to determine whether rights of action are taken away, and its decision was not patently unreasonable.
