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.