Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"

A party may apply for judicial review at the same time that they apply for a reconsideration of a decision from WCAT.  A party must 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 Administrative Tribunal Act, Judicial Review 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 court's 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]).