Jeff Oliver

The appellant appealed a Divisional Court order dismissing her application for judicial review of a Workplace Safety and Insurance Appeals Tribunal decision.

The appellant argued the Tribunal failed to consider a doctor's letter in its refusal to reconsider her application regarding her carpal tunnel disorder.

The Court of Appeal dismissed the appeal, finding that the failure to refer to the letter did not mean it was not considered, and the Tribunal's decision was not patently unreasonable.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal, which denied its request to be reclassified to the manufacturing rate applicable to a company that owned 50% of its shares.

The Divisional Court held that the tribunal, as a specialized body protected by a privative clause, was entitled to curial deference.

The court found that the tribunal's conclusion that the companies were not 'associated' under the Act was not patently unreasonable and dismissed the application.