Julie Thibault

The applicant sought judicial review of two decisions by the Workplace Safety and Insurance Appeals Tribunal denying him compensation for a back injury allegedly sustained at work.

The applicant argued the Tribunal adjudicator was biased and that the decisions were unreasonable.

The Divisional Court dismissed the application, finding no reasonable apprehension of bias as the applicant failed to object at the hearing, and concluding the Tribunal's finding that no workplace accident occurred was reasonable and supported by the evidence.

The applicant trade union applied for certification to displace the intervenor union.

Following a representation vote won by the applicant, the intervenor challenged the results, alleging that the applicant misrepresented its identity, committed fraud by underestimating the size of the bargaining unit to achieve the required 40 percent support, and that the vote process was flawed due to inadequate notice and polling times.

The Board dismissed all allegations, finding no evidence of misrepresentation or fraud, and concluding that the vote arrangements provided employees with sufficient opportunity to cast their ballots.

A certificate was issued to the applicant.