Michelle A. Alton

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.

The applicants sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that barred their civil action against the respondents for constructive dismissal and assault.

The Tribunal had found that the underlying incident was a workplace accident, not an intentional assault, and that the civil claims were inextricably linked to the workplace injury, thus barred by section 28 of the Workplace Safety and Insurance Act.

The Divisional Court dismissed the application, holding that the Tribunal's factual findings were reasonable, the barring of the constructive dismissal claim was justified as a disguised tort claim, and there was no denial of procedural fairness.

The applicant employer sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that refused to discontinue the respondent worker's Future Economic Loss benefits.

The worker had returned to full-time work 17 years after his injury, but his benefits had been locked-in after the statutory 60-month review window.

The Divisional Court dismissed the application, finding the Tribunal's interpretation of the legislation and policy directives—that benefits could not be reviewed after 60 months absent specific exceptions—was reasonable and respected the legislative objective of finality.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his complaint that the union breached its duty of fair representation under s. 74 of the Labour Relations Act.

The applicant alleged procedural unfairness during the consultation process and substantive errors in the Board's assessment of the union's investigation into a contracting-out grievance.

The Divisional Court dismissed the application, finding no breach of natural justice and holding that the Board reasonably concluded the union's actions were not arbitrary, discriminatory, or in bad faith.