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Workplace Health, Safety & Compensation Law - Workers’ compensation - Appeals and judicial review - Natural justice - Procedural fairness - Boards and tribunals - Powers

Thursday, November 10, 2016 @ 7:00 PM  


Appeal by Schulte from a decision dismissing his motion for judicial review of decisions of the Workers’ Compensation Appeals Commission (Appeals Commission) refusing reconsideration of an earlier decision respecting the appropriate rate of compensation. The appellant was dissatisfied with the compensation he received as a result of a 1987 and a 2006 accident. He argued that various orders of the Workers Compensation Board in 1995, 2005 and 2012 relating to cost of living adjustments were inconsistent with the Charter and that it was not within the competence of the Legislature under the Administrative Procedures and Jurisdiction Act to allow the Board to address division of powers issues under the Constitution, but not issues under the Charter. He also argued there was a reasonable apprehension of bias on the part of the Appeals Commission, either institutionally or specifically.

HELD: Appeal dismissed. There was no reviewable error in the Commission not dealing with any of the appellant’s Charter claims. The appellant failed to prove that there was a specific breach of his personal rights. The chambers judge was not wrong in concluding that the appellant had failed to make out any denial of the level of procedural and adjudicative fairness to which he was entitled under the legislation and the processes of the Appeals Commission. The appellant identified no reasonable expectation as to a different and both adjudicatively and procedurally fair process which was denied to the appellant and to which he was entitled beforehand or during the proceedings of the Appeals Commission. The mere fact that the appellant disagreed with any of the reasoning or conclusions of the Appeals Commission did not mean the Appeals Commission was acting in bad faith or committing abuse of process or being dishonest or corrupt.