The applicant employer sought judicial review of a WSIB decision approving a worker's third-party settlement retroactively, allowing the worker to claim 'top-up' benefits under s. 30(14) of the Workplace Safety and Insurance Act.
The employer argued the statute strictly requires WSIB approval before a settlement is made.
The Divisional Court dismissed the application, finding the WSIB's interpretation reasonable.
Applying the modern principle of statutory interpretation and the mandatory/directory distinction, the court held that the pre-approval requirement is directory, and barring the worker from benefits due to timing would undermine the remedial purpose of the Act.
