COURT FILE NO.: 387/08

DATE: 20090514

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

JENNINGS, PARDU AND LOW JJ.

B E T W E E N:

ALI TOPYUREK

Applicant

• and -

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

Respondent

• and -

WORKPLACE SAFETY AND INSURANCE BOARD

Intervenor

Aliamisse O. Mundulai, for the Applicant

Daniel S. Revington and

Carol Zimmerman, for the Respondent

Jean-Denis Bélec, for the Intervenor

HEARD at Toronto: May 14, 2009

PARDU J.: (Orally)

1The applicant challenges by way of judicial review the findings of the Workplace Safety and Insurance Appeals Tribunal, as to the nature and extent of injuries suffered by him in a workplace accident. He invites this Court to re-weigh the evidence and draw different conclusions from those reached by the Tribunal. In Mills v. Ontario (Workplace Safety and Insurance Appeals Tribunal) 2008 ONCA 436, 2008 O.J. No. 2150 (C.A.), the Court noted that the “jurisprudence has established that the highest level of deference applies to Tribunal decisions”.

2The applicant must establish that the Tribunal’s decision was unreasonable, that there are “no lines of reasoning supporting the decision that could have reasonably led the Tribunal to reach the decision that it did” (Rodrigues v. Ontario) 2008 ONCA 719, 2008 O.J. No. 4103 (Ont. C.A.)).

3The assessment of the nature and extent of workplace injuries lies at the heart of the Tribunal’s expertise. There was ample evidence before the Tribunal which justified its decision. It concluded an exhaustive review of the extensive evidence before it and made decisions about credibility and the weight to be accorded to conflicting medical evidence before it. It is not the function of this Court to re-weigh that evidence.

4Application for judicial review dismissed.

JENNINGS J.

COSTS

5The application is dismissed for oral reasons given today. Respondent not seeking costs, no order as to costs. Order to go striking the WSIB from the title of this application. In our opinion there has been an abuse of process in adding the WSIB as an intervenor without order, and a failure to address the issue without requiring counsel’s attendance.

6The applicant shall pay costs to the WSIB fixed at $900.00 inclusive and payable forthwith.

PARDU J.

JENNINGS J.

LOW J.

Date of Reasons for Judgment: May 14, 2009

Date of Release: May 28, 2009

COURT FILE NO.: 387/08

DATE: 20090514

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT