DUFFEK v ALBERTA (APPEALS COMMISSION FOR ALBERTA WORKERS' COMPENSATION), 2023 ABKB 18
3.14: Originating application evidence (other than judicial review)
3.15: Originating application for judicial review
The Applicant applied for Judicial Review of a decision (the “Decision”) of the Appeals Commission of the Worker’s Compensation Board (the “WCB”), which upheld the decision of the WCB Dispute Resolution and Review Body, which in turn upheld the decision of the Appellant’s case worker to reduce the Appellant’s benefits after he reached retirement age.
The Court’s discussion of the Rules was limited to a preliminary jurisdiction issue. The Appellant applied for Judicial Review of the Decision under Rule 3.15, which sets out the procedural requirements for an Application to invoke the inherent power of the Court to review decisions of administrative bodies. The Court determined that the issues the Appellant raised were on a reasonableness rather than correctness standard. The Court noted that these issues can only be properly raised in a Judicial Review Application under Rule 3.14. However, the Court determined that this error did not prejudice the Respondent and proceeded to deal with the Application as if it had been made under Rule 3.14.View CanLII Details