The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision declaring he had no right to sue his employer, Ontario Hydro, for injuries allegedly sustained in a nuclear accident.
The applicant argued that the federal Nuclear Liability Act created a statutory tort that ousted the provincial Workers' Compensation Act.
The Divisional Court dismissed the application, holding that the Nuclear Liability Act does not create a federal statutory tort and that federal jurisdiction over nuclear power does not oust provincial jurisdiction over employees' compensation schemes.
The court confirmed that the applicant must pursue his remedies under the provincial workers' compensation scheme.
