The applicant sought declaratory or prerogative relief regarding whether she had elected to receive WSIB benefits and whether such an election was valid.
The Divisional Court dismissed the application as premature, noting that the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal had not yet decided these issues.
The Court emphasized that the Board should provide election forms to workers as soon as it becomes aware of an illness to ensure they seek legal advice promptly.