King v. British Columbia (Workers’ Compensation Appeal Tribunal)

Firms involved

Kane Shannon Weiler LLP (KSW Lawyers), Not specified

Respondent

Workers’ Compensation Appeal Tribunal

Law Firm

Not specified

Lawyer(s)

I.D. Morrison

Workers’ Compensation Board

Law Firm

Not specified

Lawyer(s)

I.D. Morrison

Petitioner

Pauline King

Law Firm

Kane Shannon Weiler LLP (KSW Lawyers)

Lawyer(s)

Ale Henao

Facts: Pauline King, an air traffic controller, sought compensation for a mental disorder allegedly arising from workplace conflict and harassment. Her claim was denied by the Workers’ Compensation Board (WCB), a decision upheld by the Workers’ Compensation Appeal Tribunal (WCAT), which also denied her request for an oral hearing.
Issue: The central legal issue was whether WCAT’s denial of an oral hearing for King’s compensation claim appeal was procedurally fair and reasonable, particularly concerning the employment exclusion clause in the Workers’ Compensation Act.
Court’s Ruling: The Supreme Court of British Columbia dismissed King's application for judicial review, finding that WCAT’s decision to deny an oral hearing was not patently unreasonable and did not breach procedural fairness. The court agreed with WCAT’s interpretation of the employment exclusion clause and its relevance to King's claim.
Costs/Damages Awarded: The court dismissed the application for judicial review without costs to either party, meaning no costs or damages were awarded.

Court

Supreme Court of British Columbia

Case Number

S2111018

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

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