B. Thomas

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that found she was an employee acting in the course of her employment when her parked vehicle was struck by a bus.

The Tribunal's decision barred her civil action against the bus company.

The respondent moved to dismiss the application for delay, which the court denied due to the applicant's medical and personal circumstances.

On the merits, the Divisional Court found the Tribunal's decision was reasonable and dismissed the application for judicial review, declining to award costs due to the applicant's impecuniosity.

The applicant union sought judicial review of an arbitrator's decision denying a retirement gratuity to a teacher who resigned following a criminal conviction for sexual assault.

The arbitrator found that under the collective agreement, the teacher did not retire 'for the reason of age' but rather because of his criminal conviction, and thus was not entitled to the gratuity.

The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement language to be intelligible, defensible, and within the range of acceptable outcomes.

The appellant insurer appealed the dismissal of its motion for summary judgment.

The insurer argued that the respondent's claim for income replacement benefits was barred by the two-year limitation period under s. 281.1 of the Insurance Act.

The motion judge had found a genuine issue for trial based on an error in a subsequent denial form and a fresh medical finding.

The Divisional Court allowed the appeal, holding that the initial clear and unequivocal denial triggered the limitation period, and a fresh medical finding could not reactivate it.

Summary judgment was granted dismissing the claim.