Key Takeaway:
In this judicial review decision, the Divisional Court overturned the Workplace Safety and Insurance Board’s (“WSIB”) decision to deny an appeal to the Workplace Safety and Appeals Tribunal (“WSIAT”) for an individual’s claim relating to a policy on indexing. The Divisional Court determined that the WSIAT was the appropriate forum to hear the appeal and make a decision on the WSIB’s indexing policy.
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