Steve Lavender

The moving party sought an extension of time of approximately 18 months to apply for judicial review of a labour arbitration award regarding compensation.

The court dismissed the motion, finding the explanation for the delay weak, doubtful apparent grounds for relief given the union's refusal to pursue judicial review, and substantial prejudice to the respondents due to the lengthy delay and the importance of finality in labour relations.

The applicant, a former bus driver, sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision denying him benefits for traumatic mental stress.

The Tribunal had found that the applicant's psychological condition was primarily related to personal issues and a non-compensable employer investigation (the 'Apple incident'), rather than earlier workplace assaults.

The Divisional Court dismissed the application, holding that the Tribunal's decisions to deny benefits and refuse reconsideration were reasonable, and that the Tribunal provided adequate reasons and appropriately weighed the medical evidence.

The appellant employee appealed the dismissal of his civil action against his employer, which included a claim for malicious prosecution arising from a traffic charge instigated by the employer.

The Court of Appeal dismissed the appeal, agreeing with the motion judge that the essential character of the dispute arose from the interpretation, application, administration, or violation of the collective agreement.

As the statement of claim attacked a wide array of employer conduct in managing the workplace, the courts lacked jurisdiction to hear the matter.