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Bird v British Columbia (Workers’ Compensation Appeal Tribunal)

The petitioner, Ms. Bird, challenged the decision of the Workers' Compensation Appeal Tribunal (WCAT) dated June 27, 2019, that denied her claim for compensation for tennis elbow. She argued that the decision was unfair, lacked evidence disclosure, and made unreasonable findings. The court focused on procedural fairness and ordered a rehearing, disregarding other issues raised. The court found that WCAT breached its duty of fairness by relying on extrinsic evidence without notice and referencing an expert report from another proceeding. Ms. Bird's claim will be reheard, and the cost of the report will be considered. The petitioner was awarded costs against the City, and no costs were ordered against WCAT.

Workers’ Compensation Appeal Tribunal
Law Firm / Organization
Not specified
Lawyer(s)

D. Morrison

City of Nanaimo
Law Firm / Organization
Not specified
Lawyer(s)

A.I. Demerse

Susan Bird
Law Firm / Organization
Not specified
Lawyer(s)

D. Allen

Supreme Court of British Columbia
S222164
Labour & Employment Law
Not specified/Unspecified
Petitioner