Court File and Parties
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
J. MACDONALD, DAMBROT AND SANDERSON JJ.
B E T W E E N:
REBECCA VERKERK Applicant
- and -
WORKPLACE SAFETY AND INSURANCE BOARD Respondent
Christopher Morrison and Paul J. Cahill, for the Applicant Peter E. Chisholm, for the Respondent Fateh A. Salim and Michelle A. Dobranowski, Intervenor, Ministry of the Attorney General
HEARD at Toronto: July 9, 2007
Oral Reasons for Judgment
J. MACDONALD J.: (Orally)
1The issues of whether the applicant elected WSIB benefits and if so, whether the election is valid and enforceable against the applicant, have not been decided by the Board or by the Tribunal. In our view, they should be.
2We decline to exercise our discretion to grant either declaratory or prerogative relief because both are premature, in those circumstances.
3We are particularly concerned that the Board did not provide its election form to this applicant as soon as it became aware of her illness. The provision of the election form at an early stage, before a worker could be seen to have chosen to receive WSIB benefits, would serve the salutary purpose of ensuring that both ill and injured workers are alerted to the need to seek legal advice in respect of their right of action and their right to claim WSIB benefits.
4The Application Record will read: “The application is dismissed for oral reasons delivered in Court. No costs. The Intervenor does not seek costs.”
J. MACDONALD J.
DAMBROT J.
SANDERSON J.
Date of Reasons for Judgment: July 9, 2007
Date of Release: July 19, 2007
COURT FILE NO.: 347/06
DATE: 20070709
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
J. MACDONALD, DAMBROT AND SANDERSON JJ.
B E T W E E N:
REBECCA VERKERK Applicant
- and -
WORKPLACE SAFETY AND INSURANCE BOARD Respondent
ORAL REASONS FOR JUDGMENT
J. MACDONALD J.
Date of Reasons for Judgment: July 9, 2007
Date of Release: July 19, 2007