Jerry Raso

The appellants, contractors and their employees, were charged under the Occupational Health and Safety Act following a workplace accident during an expansion project at Pearson International Airport.

A justice of the peace quashed the charges, finding the appellants' work was integral to a core federal aeronautics undertaking and thus immune from provincial legislation.

The application judge granted certiorari and mandamus, setting aside the decision and directing a trial.

The Court of Appeal dismissed the appeal, holding that the appellants' normal operations as going concerns were not integral to the federal undertaking, and the application of provincial workplace safety standards did not impair the core of federal jurisdiction over aeronautics.

The Workplace Safety and Insurance Appeals Tribunal decided that employer contributions to an injured worker's health, welfare, and pension benefit plan were not 'earnings' under the Workplace Safety and Insurance Act, 1997.

The Divisional Court quashed this decision, finding it patently unreasonable because the Tribunal failed to consider the legislative history of the definition of earnings.

The Court of Appeal allowed the Tribunal's appeal, holding that the Tribunal was bound to apply the Board's operational policy, which did not include such contributions as earnings.

The Tribunal's decision was rational and entitled to deference, and the failure to consider legislative history did not constitute a reviewable legal error.