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)
[1] The 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”.
[2] The 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.)).
[3] The 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.
[4] Application for judicial review dismissed.
JENNINGS J.
COSTS
[5] The 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.
[6] The 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
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
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: May 14, 2009
Date of Release: May 28, 2009