Gillian Shaw

The self-represented applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that terminated his supplemental benefits under s. 147(4) of the Workers' Compensation Act and replaced them with benefits under s. 147(2).

The applicant argued the Tribunal lacked jurisdiction to terminate the benefits and denied him procedural fairness by failing to provide notice or warn him of the downside risk of his appeal.

The Divisional Court dismissed the application, finding the Tribunal reasonably interpreted its home statute in determining the two benefit provisions are mutually exclusive.

The Court also found no breach of procedural fairness, as the applicant had initiated the appeal requesting the change in benefits.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying benefits for carpal tunnel syndrome.

The Divisional Court applied a reasonableness standard of review, noting the Tribunal's strong privative clause.

The court found that the Tribunal reasonably relied on the lack of temporal linkage between the applicant's employment and his diagnosis, as well as credibility findings and medical evidence.

The application for judicial review was dismissed with no order as to costs.

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision terminating his loss of earnings benefits.

The Tribunal had concluded that the applicant's repetitive strain injury resolved on the date of a normal EMG study, despite ongoing symptoms documented by treating physicians.

The Divisional Court found the Tribunal's decision unreasonable, as it could not be reconciled with the undisputed medical evidence confirming ongoing impairment.

The application was allowed and the matter remitted to a differently constituted panel.

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal (WSIAT) decision that denied him temporary disability benefits and found no permanent impairment from a workplace accident.

The applicant argued WSIAT erred by relying on a general medical discussion paper, failing to consult a medical advisor, and improperly weighing the evidence.

The Divisional Court dismissed the application, finding WSIAT's decision was reasonable, supported by the applicant's own medical records showing pre-existing back pain, and that WSIAT, as an expert tribunal, was not required to consult a medical advisor.

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision calculating his pre-accident earnings based on his actual hourly wage of $20.00 rather than the $25.20 rate mandated by his union's collective agreement.

The Divisional Court applied a patent unreasonableness standard of review, given the Tribunal's specialized expertise and the strong privative clause.

The Court held that the Tribunal's task under the pre-1997 Workers' Compensation Act was to determine actual earnings, not what ought to have been paid, and that the Tribunal lacked jurisdiction to enforce the collective agreement.

The application for judicial review was dismissed.