Tebasum Durrani

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying his claim for a psychological impairment entitlement arising from a 2006 workplace injury.

The Tribunal found that the applicant's pre-existing psychological conditions, work history, multiple sources of pain, substance use, and relationship breakdown were the primary factors, and that the workplace injury was not a significant contributing factor.

The Divisional Court held that the Tribunal's factual findings were reasonable and dismissed the application for judicial review.

The respondent Workplace Safety and Insurance Appeals Tribunal brought a motion to dismiss the applicant's application for judicial review for delay.

The applicant commenced the application 10 months after the final reconsideration decision, arguing that the COVID-19 suspension of limitation periods under O. Reg 73/20 applied.

The court found that even if the suspension did not apply, the four-month delay beyond the common law six-month timeline was not inordinate.

The court held that the delay was reasonably explained by the pandemic context and caused no actual prejudice to the respondent.

The motion to dismiss was dismissed.