Ontario Superior Court of Justice
So after receiving a copy of the Judgement of the Supreme Court of Canada, I filed an application for Judicial Review with the Superior Court of Justice.
Now many who are in the legal profession, including counsel for the WSIAT, will say “HEY Dude you are filling it in the wrong court, it needs to be field with the Divisional Court.
Now for a regular Application for Judicial Review, they and you would be completely correct. This is because the law in Ontario says:
“Application to Divisional Court
6(1) Subject to subsection (2), an application for judicial review shall be made to the Divisional Court.
However, if you look it says “Subject to subsection (2)” and section (2) is:
“ Application to judge of Superior Court of Justice
(2) An application for judicial review may be made to the Superior Court of Justice with leave of a judge thereof, which may be granted at the hearing of the application, where it is made to appear to the judge that the case is one of urgency and that the delay required for an application to the Divisional Court is likely to involve a failure of justice.”
Re Bennett and City of Belleville, 1979 CanLII 2077 (ON SC)
This case of the Ontario High Court established the test, or standard for proving an application for Judicial Review is urgent.
Also you need to look at Court of Appeal for Ontario decision of:
Re Canadian Pacific Express Ltd. et al. and Snow et al., 1981 CanLII 1633
Where the Court of Appeal for Ontario stated that:
“There are circumstances in which financial loss might cause … an individual to suffer extreme hardship” It also made mention that “…the wait for a hearing in the Divisional Court would render the remedy nugatory.”
Also you need to look at a decision of the Ontario High Court:
Re Roy and College of Nurses of Ontario, 1979 CanLII 2070 (ON SC)
Where the Ontario High Court stated that when a person lacks financial security, losing their ability to earn an income is a form of urgency.
So on March 13, 2020 I filed my application for Judicial Review with the Superior Court.
(Click the image to download
a pdf copy of my application)
So right after I filed my Application for Judicial Review, COVID-19 hit BIGTIME!
So, not knowing the procedures of the Court, my greatest concern was having to travel to Toronto to serve the application on the parties. I e-mailed the Court and has that it be placed on hold.
In preparation for my application, I learned that the law on reconsiderations are much different than that of initial appeals to the WSIAT. Where it states:
The Appeals Tribunal may reconsider its decision and may confirm, amend or revoke it The tribunal may do so at any time if it considers it advisable to do so.
This meant that I would be able to bring a second request for reconsideration and use the Vavilov decision to hopefully convince the WSIAT the decision is not only unreasonable it MUST be reconsidered and changed.
I then notified the Super Court that I wished to abandon my application to resolve the matter with the WSIAT, in a quick way.
I then prepared a request for reconsideration. This can be found on the WSIAT page fopr my seocnd recosnideraiton, by clicking here.