The applicant estate sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision denying survivor benefits following the death of a firefighter from a heart attack.
The Tribunal found that the statutory presumption for firefighters did not apply because the deceased had not attended a 'fire scene' within 24 hours of the heart attack, and that the injury did not otherwise arise out of and in the course of employment.
The Divisional Court dismissed the application, holding that the Tribunal's decision and its subsequent refusal to reconsider were reasonable and supported by the evidence and applicable policies.
