United Tire and Rubber Co. Ltd. v. Workers' Compensation Appeals Tribunal (Ont.) et al., (1991) 53 O.A.C. 400 (DC)

• Judge: O'Driscoll, Craig and O'Brien, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 08, 1991
• Jurisdiction: Ontario
• Citations: (1991), 53 O.A.C. 400 (DC)

United Tire and Rubber Co. v. WCAT (1991), 53 O.A.C. 400 (DC)

MLB headnote and full text

United Tire and Rubber Co. Limited (applicant) v. Workers' Compensation Appeals Tribunal and Sam Simone (respondents)

(No. 237/90)

Indexed As: United Tire and Rubber Co. Ltd. v. Workers' Compensation Appeals Tribunal (Ont.) et al.

Ontario Court of Justice

General Division

Divisional Court

O'Driscoll, Craig and O'Brien, JJ.

December 6, 1991.

Summary:

The Workers' Compensation Appeals Tribunal refused to order an examination of a claimant by a medical doctor of the em­ployer's choice and at the employer's expense. The employer applied to quash the decision.

The Ontario Divisional Court dismissed the application.

Administrative Law - Topic 2494

Natural justice - Procedure - At hearing - Opportunity to present evidence - [See Workers' Compensation - Topic 6881 ].

Workers' Compensation - Topic 6881

Practice - Medical exam - General - The Workers' Compensation Appeals Tribunal refused to order an examination of a claimant by a medical doctor of the em­ployer's choice and at the employer's expense - The employer applied to quash the decision alleging a denial of natural justice - The Ontario Divisional Court held that the employer was not denied a fair hearing and was not unfairly restricted in the presentation of its evidence, which included testimony by its own expert physician, although he had not examined the claimant.

Statutes Noticed:

Workers' Compensation Act, R.S.O. 1980, c. 539, sect. 21(2) [para. 2].

Counsel:

R.A. Fink and J.B. Siegel, for the appli­cant;

E. Smith, for the respondents.

This application was heard on November 8, 1991, before O'Driscoll, Craig and O'Brien, JJ., of the Ontario Divisional Court. The decision of the court was delivered orally by O'Driscoll, J., and released on December 6, 1991.