Andrew Roman

The applicant employer sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal, which awarded compensation to a worker injured in a motor vehicle accident while driving home after responding to an emergency call outside normal working hours.

The Appeals Tribunal applied the Board's Travelling Policy, finding the worker was in the course of his employment.

The Divisional Court dismissed the application, holding that the Appeals Tribunal's decision was reasonable, within its jurisdiction, and properly applied the mandatory Board policy.

Following a successful application for judicial review that prohibited the Ontario Human Rights Tribunal from hearing a complaint, the applicant sought substantial indemnity costs against the Commission and the Tribunal for both the judicial review and the underlying human rights proceedings.

The Divisional Court held it lacked jurisdiction under the Human Rights Code or the Courts of Justice Act to award costs for the tribunal proceedings.

For the judicial review, the court awarded partial indemnity costs of $20,563.57 against the Commission alone, finding the hours claimed by the applicant excessive and declining to award costs against the Tribunal as it had not engaged in misconduct or taken an adversarial position on the merits.

The appellant appealed from a judgment of the Federal Court of Appeal dismissing an application for judicial review of a decision of the Unemployment Insurance Commission.

The Supreme Court of Canada dismissed the appeal, finding no error of law in the Federal Court of Appeal's decision.