Kayla Seyler

The applicant, a migrant farm worker, sought judicial review of decisions by the Workplace Safety and Insurance Appeals Tribunal denying his request for an extension of time to appeal a 2008 decision denying his WSIB claim.

The applicant argued the tribunal overlooked his diligence, miscalculated the delay, and failed to consider his vulnerability as a migrant worker.

The Divisional Court dismissed the application, finding the tribunal's decisions were reasonable, properly applied a holistic approach to the delay, and adequately considered the applicant's circumstances.

The applicant sought judicial review of two decisions by the Workplace Safety and Insurance Appeals Tribunal (WSIAT) denying benefits for neck and left wrist injuries and reducing benefits for non-cooperation with a work transition plan.

The applicant argued the Tribunal was biased and ignored his evidence.

The Divisional Court dismissed the application, finding that the Tribunal's factual findings were supported by the evidence and its decisions were reasonable.

The court noted that disagreement with the Tribunal's findings does not establish bias or unreasonableness.

The proposed interveners brought a late motion for leave to intervene in an application for judicial review.

The respondent opposed the motion, arguing the interveners lacked a distinct perspective and sought to supplement the evidentiary record.

The Divisional Court granted leave to intervene on strict terms, limiting the interveners to five minutes of oral submissions, prohibiting them from repeating the applicant's submissions, and barring them from supplementing the evidentiary record or taking a position on the ultimate disposition.

During the hearing, the interveners attempted to rely on new evidence, which the court rejected as procedurally unfair.

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision denying him benefits for a back injury following a workplace fall.

The Tribunal had found the fall was not a significant contributing factor to the injury, relying heavily on the applicant's delay in seeking medical treatment and reporting pain.

The Divisional Court found the Tribunal's decision unreasonable because it failed to account for uncontradicted medical evidence from the applicant's treating physician and physiotherapist.

The Court granted the application, set aside the decision, and, given the inevitable outcome and lengthy delay, declared the applicant entitled to benefits under s. 13(1) of the WSIA, remitting the matter only for the assessment of those benefits.