Silvano Lochner

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision denying her request to convert her non-economic loss (NEL) benefit from a lump sum to a monthly payment retroactive to 1993.

The applicant argued that her cumulative NEL awards exceeded the statutory threshold for monthly payments.

The Divisional Court dismissed the application, finding the Tribunal's interpretation of section 42 of the Workers Compensation Act—that the threshold applies to the amount of compensation as it is awarded, rather than cumulatively—was reasonable.

The moving parties, family members of a disabled plaintiff, brought a motion to remove the Public Guardian and Trustee (PGT) as his Litigation Guardian.

The underlying action involved allegations of police assault and the use of tasers.

The moving parties alleged the PGT was not acting in the disabled plaintiff's best interests by pursuing a settlement rather than proceeding to trial.

The court applied the 'best interests' test and found no evidence of misconduct, conflict of interest, or failure to disclose material facts by the PGT.

The motion to remove the PGT was dismissed.