Van Dam v. Workers' Compensation Appeal Tribunal, 2017 BCSC 227

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice Adair
Citation2017 BCSC 227
Docket NumberS154381
CourtSupreme Court of British Columbia (Canada)
Date14 February 2017
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6 practice notes
  • Ahluwalia v. British Columbia (Workers' Compensation Appeal Tribunal), 2022 BCSC 2139
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 8, 2022
    ...in s. 135 of the WCA involves both subjective and objective aspects: Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227 at para. 44, citing Cima v. Workers Compensation Appeal Tribunal, 2016 BCSC 931 at paras. 54–92. [107]    Ms. ......
  • Bendera v. Workers’ Compensation Appeal Tribunal, 2018 BCSC 552
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 6, 2018
    ...(Workers’ Compensation Appeal Tribunal), 2016 BCSC 1219, aff’d 2017 BCCA 403; and Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227, at paras. 27-36. The petitioner seeks to distinguish those decisions from this case on the basis that a decision under s. 57(2) will always depe......
  • Singla v. Workers' Compensation Appeal Tribunal, 2020 BCSC 1227
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 16, 2020
    ...issue was not argued at the hearing would present a challenge to its success on appeal: Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227 at paras. [59] In assessing the petitioner's likelihood of success, I am mindful that the former WCA contains a privative clause and that W......
  • Pickering v. School District No. 38 (Richmond), 2021 BCSC 1497
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 3, 2021
    ...for that of the panel. The employer cites the decision of Justice Adair in Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227, which addressed this “interpretation” [48]        However, even if this issue could be raised on jud......
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6 cases
  • Ahluwalia v. British Columbia (Workers' Compensation Appeal Tribunal),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 8, 2022
    ...in s. 135 of the WCA involves both subjective and objective aspects: Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227 at para. 44, citing Cima v. Workers Compensation Appeal Tribunal, 2016 BCSC 931 at paras. 54–92. [107]    Ms. ......
  • Bendera v. Workers’ Compensation Appeal Tribunal, 2018 BCSC 552
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 6, 2018
    ...(Workers’ Compensation Appeal Tribunal), 2016 BCSC 1219, aff’d 2017 BCCA 403; and Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227, at paras. 27-36. The petitioner seeks to distinguish those decisions from this case on the basis that a decision under s. 57(2) will always depe......
  • Singla v. Workers' Compensation Appeal Tribunal, 2020 BCSC 1227
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 16, 2020
    ...issue was not argued at the hearing would present a challenge to its success on appeal: Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227 at paras. [59] In assessing the petitioner's likelihood of success, I am mindful that the former WCA contains a privative clause and that W......
  • Atkins v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 BCSC 1178
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • July 13, 2018
    ...As further support for the validity of a mixed test, counsel for the Employer cites Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227. In that case, the worker was a nurse in an extended care facility who was seeking benefits for a mental disorder that she claimed was caused b......
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