Dr. Michael S. Ross

The union sought an extension of time limits under s. 48(16) of the Labour Relations Act to file a grievance alleging the employer's conduct contributed to the grievor's alcoholism and depression.

The grievance was filed over two years late.

The union argued the grievor lacked the mental capacity to file earlier due to his illness.

The arbitrator rejected the medical opinion supporting incapacity, finding it inconsistent with the grievor's actions during the delay period, such as filing other grievances and writing a detailed letter to his insurer.

Finding no reasonable explanation for the extreme delay, the arbitrator declined to extend the time limits and dismissed the grievance as inarbitrable.

The appellant appealed an arbitration decision denying his claims for weekly income benefits, non-earner benefits, and medical and rehabilitation benefits following a motor vehicle accident.

The appellant, an accordion player, claimed he earned income from performing prior to the accident and was completely disabled from his essential tasks.

The Director's Delegate upheld the Arbitrator's findings that the appellant failed to prove he earned income from playing the accordion before the accident and failed to establish a complete inability to perform his essential tasks.

The Director's Delegate also dismissed the appellant's allegations of bias against the Arbitrator and upheld the order requiring the appellant to pay the insurer's arbitration expenses.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including medical/rehabilitation benefits and income replacement benefits.

The insurer terminated treatment payments and income replacement benefits based on medical assessments.

At arbitration, the tribunal ordered the insurer to pay for physiotherapy treatment up to the date the applicant received the Designated Assessment Centre (DAC) reports, at the rates charged by the clinic.

However, the tribunal dismissed the claim for ongoing income replacement benefits, finding that the medical evidence, including psychiatric and orthopaedic assessments, did not establish a substantial inability to perform the essential tasks of her pre-accident employment as a sewing machine operator.