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Supreme Court of Canada Decisions

Important Caselaw - Subjective Findings vs Objective Findings

Knowledge and Information for Injured Workers, by Injured Workers

Subjective Findings vs Objective Findings


Cima v. Workers Compensation Appeals Tribunal (BC WCAT) - Positive Case
Decision issued by the Supreme Court of British Columbia

Subjective findings are based on or influenced by personal feelings, tastes, or opinions.
Example: “Man it is dam cold outside!”
It is YOUR opinion on something you have observed or know.
Synonyms: personal, individual, emotional, instinctive, intuitive.

Objective findings are not influenced by personal feelings or opinions in considering and representing facts.
Example "It is -30 degrees outside<-i>”
It is an observation based on a measurable frame of reference.

However, it should be noted that “subjective” medical opinions from your doctor are much different. This is becuase these are considered “professional medical opinions”.
This was based on a decision of the Supreme Court of Canada and I will post it here when I find it again.


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Cima v. Workers Compensation Appeals Tribunal

Cima v. Workers Compensation Appeal Tribunal, 2016 BCSC 931
Deals with subjective findings as opposed to objective findings.

In Cima v. Workers Compensation Appeals Tribunal of British Columbia, Cima filed an application for Judicial Review against the BC WCAT, in the BC Supreme Court. The judge determined that the WCAT panel members used subjective findings, their person opinions, rather than objective findings based on the facts of the case, using measurable scientific information.

Thank you to Lisa for the information about this case.


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