David W. Stratas

The respondent was denied workers' compensation benefits by the Workplace Safety and Insurance Appeals Tribunal, which found no causal link between his 1979 workplace back injury and his current back problems.

The Divisional Court allowed the respondent's application for judicial review, finding the Tribunal's decision patently unreasonable.

The Tribunal appealed.

Applying the newly established Dunsmuir standard of reasonableness, the Court of Appeal allowed the appeal and reinstated the Tribunal's decision, holding that the Divisional Court erred by reweighing the evidence and that the Tribunal's factual findings were supported by the record and entitled to deference.

The Court of Appeal issued an endorsement regarding costs following an appeal.

The appellant was ordered to pay the respondents' costs fixed at $4,000 for the proceedings in the court below and $4,000 for the appeal, inclusive of disbursements and GST.

The appellant brought an action in detinue in the Superior Court of Justice seeking the return of diamonds seized by Customs for failure to declare them.

The motion judge stayed the action, finding the Federal Court was the court of preferred jurisdiction.

The Court of Appeal dismissed the appeal, holding that the motion judge properly exercised his discretion under section 106 of the Courts of Justice Act, as the Federal Court has more experience with the Customs Act and related issues.