The applicant, a former TTC bus driver, sought judicial review of a decision by the Criminal Injuries Compensation Board denying his claim for lost income following his retirement.
The Board had awarded him partial wage loss for a period prior to his retirement, finding that a workplace assault exacerbated his psychological issues, but denied wage loss post-retirement based on a WSIB report concluding his issues were unrelated to the assault.
The Divisional Court quashed the Board's decision, finding it unreasonable because the Board reached contradictory conclusions on causation without adequate explanation and improperly relied on selective quotes from a WSIB decision rather than the actual medical evidence before it.
