Graham v. Workers' Compensation Board (N.W.T. and Nunavut) et al., (2008) 437 A.R. 181 (NWTCA)

• Judge: Schuler, Berger and Watson, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: June 24, 2008
• Jurisdiction: Northwest Territories
• Citations: (2008), 437 A.R. 181 (NWTCA)

Graham v. WCB (2008), 437 A.R. 181 (NWTCA);

      433 W.A.C. 181

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. SE.001

Timothy Graham (appellant/applicant) v. Workers' Compensation Board of the Northwest Territories and Nunavut and the Appeals Tribunal (respondents/respondents)

Timothy Graham (appellant/applicant) v. Workers' Compensation Board of the Northwest Territories and Nunavut (respondent/respondent)

(A1-AP2007000024; A1-AP2007000025; 2008 NWTCA 7)

Indexed As: Graham v. Workers' Compensation Board (N.W.T. and Nunavut) et al.

Northwest Territories Court of Appeal

Schuler, Berger and Watson, JJ.A.

July 15, 2008.

Summary:

The applicant sought judicial review and an order quashing two decisions of the Appeals Tribunal established pursuant to the Workers' Compensation Act (N.W.T.). The decisions related to a refusal by the Tribunal to reconsider the applicant's claim for compensation which it had rejected in 1998. That claim was based on an injury suffered by the applicant in 1977.

The Northwest Territories Supreme Court, in a decision reported at [2007] Northwest Terr. Cases (S.C.) 54, dismissed the application. The applicant appealed.

The Northwest Territories Court of Appeal dismissed the appeal.

Administrative Law - Topic 224

The hearing and decision - Right to be heard - What constitutes being heard - The applicant sought judicial review and an order quashing two decisions of the Appeals Tribunal established pursuant to the Workers' Compensation Act (N.W.T.) - The decisions related to a refusal by the Tribunal to reconsider the applicant's claim for compensation which it had rejected in 1998 - The Appeals Tribunal concluded that the information in support of the rehearing request failed to provide any new evidence to substantiate that the applicant's present condition was caused by his accident - The second decision had resulted from a rehearing based on written submissions only, despite the applicant's requests for an oral hearing - The application judge dismissed the application, concluding, inter alia, that the Appeals Tribunal had exercised a discretionary power in a manner that met the requisite standards of procedural fairness - The Northwest Territories Court of Appeal dismissed the applicant's appeal - Procedural unfairness was simply not made out - The Appeals Tribunal had a discretion under the relevant statutory provisions whether to conduct an oral hearing on the topic of whether to convene a rehearing - The decision to deny the applicant a rehearing was well-founded.

Administrative Law - Topic 267

The hearing and decision - Right to a hearing - On reconsideration order - [See Administrative Law - Topic 224 ].

Administrative Law - Topic 2266

Natural justice - The duty of fairness - What constitutes procedural fairness - [See Administrative Law - Topic 224 ].

Workers' Compensation - Topic 6943

Practice - Hearing - Procedural fairness - [See Administrative Law - Topic 224 ].

Workers' Compensation - Topic 6946

Practice - Hearing - Right to be heard - [See Administrative Law - Topic 224 ].

Workers' Compensation - Topic 7018

Practice - Appeals - Review of board's decision by an appeal board or by the courts - Procedure - Oral hearing - [See Administrative Law - Topic 224 ].

Workers' Compensation - Topic 7020

Practice - Appeals - Review of board's decision by an appeal board or by the courts - Reconsideration of appeal board decision - [See Administrative Law - Topic 224 ].

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 13].

Counsel:

T. Ison and A. Marshall, for the appellant/applicant;

G. McKinnon, for the respondents/respondents.

This appeal was heard on June 24, 2008, at Yellowknife, Northwest Territories, before Schuler, Berger and Watson, JJ.A., of the Northwest Territories Court of Appeal, who released the following memorandum of judgment on July 15, 2008.