Judicial review of workers' compensation denial dismissed; no apprehension of bias or unreasonableness found.
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.
Fernand Binette c. Tribunal d’appel de la sécurité professionnelle et de l’assurance contre les accidents du travail, 2011 ONSC 2910
