The applicant sought judicial review of a decision by a FSCO Director's Delegate, who had revoked an Arbitrator's award of statutory accident benefits and ordered a new hearing on the basis of inadequate reasons.
The Divisional Court determined that the standard of review for the adequacy of reasons is correctness.
The Court found that the Arbitrator's reasons were sufficiently thorough to explain her rejection of the insurer's medical expert and her acceptance of the applicant's evidence.
The application for judicial review was allowed, the Director's Delegate's decision was set aside, and the Arbitrator's decision was restored.
