The complainant workers suffered from chronic pain and received a fixed compensation award from the Workers' Compensation Board.
They appealed to the Board's Review Division, arguing the policy was discriminatory under the Human Rights Code.
The Review Officer concluded the policy was not discriminatory.
Instead of seeking judicial review, the complainants filed new complaints with the Human Rights Tribunal.
The Tribunal refused to dismiss the complaints under s. 27(1)(f) of the Code.
The Supreme Court of Canada held that the Tribunal's decision was patently unreasonable because it ignored the principles of finality and the rule against collateral attack, effectively allowing the relitigation of an issue already decided by a decision-maker with concurrent jurisdiction.
