Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"
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== G. Judicial Review (JR) == | == G. Judicial Review (JR) == | ||
A party may apply for judicial review of a WCAT decision by the British Columbia Supreme Court '''within 60 days''' of the date on which a decision is issued. Under certain circumstances the court may extend the time for applying. Due to clear language in the ATA, JR of WCAT decisions are held to the standard of patent unreasonableness on most questions (constitutional issues and questions of so-called true jurisdiction are exceptions). This is the highest level of judicial deference and limits the courts ability to interfere unless the decision was “openly, evidently, clearly wrong” (''Canada (Director of Investigation and Research) v. Southam Inc.'', [1997] 1 S.C.R. 748; ''Fraser Health, supra''). '''Possible judicial review cases should be referred to lawyers as it is very difficult to file and conduct a judicial review without a lawyer’s assistance.''' See Chapter 5: Public Complaints Procedures for more information about judicial review. | A party may apply for judicial review of a WCAT decision by the British Columbia Supreme Court '''within 60 days''' of the date on which a decision is issued. Under certain circumstances the court may extend the time for applying. Due to clear language in the ATA, JR of WCAT decisions are held to the standard of patent unreasonableness on most questions (constitutional issues and questions of so-called true jurisdiction are exceptions). This is the highest level of judicial deference and limits the courts ability to interfere unless the decision was “openly, evidently, clearly wrong” (''[http://canliiconnects.org/en/summaries/41327 Canada (Director of Investigation and Research) v. Southam Inc].'', [1997] 1 S.C.R. 748; ''Fraser Health, supra''). '''Possible judicial review cases should be referred to lawyers as it is very difficult to file and conduct a judicial review without a lawyer’s assistance.''' See '''Chapter 5: Public Complaints Procedures for more information about judicial review.''' | ||
Note that if judicial review and reconsideration are both possible, it is advisable for the worker to file their paperwork for judicial review within the 60-day time limit and then apply for reconsideration. This ensures that they will still be able to pursue judicial review if their reconsideration is denied. | Note that if judicial review and reconsideration are both possible, it is advisable for the worker to file their paperwork for judicial review within the 60-day time limit and then apply for reconsideration. This ensures that they will still be able to pursue judicial review if their reconsideration is denied. | ||