COURT OF APPEAL FOR ONTARIO

DATE: 20040216

DOCKET: C40594

RE: VALERIE CALEB-CHARLES (Appellant) v. WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL (Respondent)

BEFORE: McMURTRY C.J.O., CATZMAN AND ABELLA JJ.A.

COUNSEL:

Osborne G. Barnwell for the appellant

John C. Murray and Jeff Oliver for the respondent

HEARD & ENDORSED: February 12, 2004

On appeal from order of dismissal of Justices Lane, Brockenshire and Cameron dated April 4, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] We are of the view that the appeal cannot succeed. The letter of Dr. Shelly which was written after the original decision of the Appeal Tribunal expressed his opinion that it was only “possible” that the appellant’s occupation was an aggravating factor of her carpal tunnel disorder.

[2] In our opinion, the failure of the Tribunal to refer to Dr. Shelly’s letter in its refusal to reconsider the application of the appellant does not mean that the evidence was not considered. It is agreed that the standard of the review of the Tribunal’s decision is patently unreasonable and we agree with the decision of the Divisional Court that the Tribunal’s decision could not be characterized as such.

[3] The appeal is therefore dismissed without costs.