Acts and Regulations

W-14 - Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

Section 23
Disposition versions

Full text
Appeal to Court of Appeal
23(1)Within 30 days after receipt of notice of a decision, order or ruling of the Appeals Tribunal, any party directly affected by the decision, order or ruling, and intending to appeal therefrom shall apply to the Appeals Tribunal for a statement of the facts considered by the Appeals Tribunal and of the grounds taken by the Appeals Tribunal in making such decision, order or ruling, and the Appeals Tribunal shall within 30 days provide the party with such information, certified by the Chairperson of the Appeals Tribunal.
23(2)The statement of facts under subsection (1) shall include a copy of the written decision, order or ruling of the Appeals Tribunal, a transcript of the proceedings before the Appeals Tribunal and all evidence presented to the Appeals Tribunal.
23(3)The statement of facts under subsection (1) constitutes the record on appeal.
23(4)Within thirty days of receipt of the statement of facts under subsection (1), the party intending to appeal a decision, order or ruling of the Appeals Tribunal shall commence an appeal by issuing and filing a Notice of Appeal in the manner prescribed by the Rules of Court.
23(5)Within 15 days after a Notice of Appeal is issued, an appellant shall serve a copy of the Notice of Appeal in the manner in which personal service may be made under the Rules of Court on the Commission and the Appeals Tribunal.
23(6)The Commission is entitled to be represented by counsel on the hearing of an appeal.
23(7)The Commission may
(a) of its own motion state a case in writing for the opinion of the Court of Appeal upon any question that in the opinion of the Commission is a question as to its jurisdiction or a question of law, and
(b) appeal a decision of the Appeals Tribunal to the Court of Appeal on any question that is a question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or a policy approved by the Commission, whether or not the Commission presented evidence or made representations concerning that question in the appeal to the Appeals Tribunal.
23(7.1)The Appeals Tribunal may of its own motion state a case in writing for the opinion of the Court of Appeal on any question that in the opinion of the Appeals Tribunal is a question as to its jurisdiction or a question of law.
23(8)The Rules of Court, as far as they are applicable and not inconsistent with this section, apply to every proceeding before the Court of Appeal under this section.
23(9)Costs may be awarded in any appeal under this section.
2014, c.49, s.17; 2016, c.48, s.10
Appeal to Court of Appeal
23(1)Within 30 days after receipt of notice of a decision, order or ruling of the Appeals Tribunal, any party directly affected by the decision, order or ruling, and intending to appeal therefrom shall apply to the Appeals Tribunal for a statement of the facts considered by the Appeals Tribunal and of the grounds taken by the Appeals Tribunal in making such decision, order or ruling, and the Appeals Tribunal shall within 30 days provide the party with such information, certified by the Chairperson of the Appeals Tribunal.
23(2)The statement of facts under subsection (1) shall include a copy of the written decision, order or ruling of the Appeals Tribunal, a transcript of the proceedings before the Appeals Tribunal and all evidence presented to the Appeals Tribunal.
23(3)The statement of facts under subsection (1) constitutes the record on appeal.
23(4)Within thirty days of receipt of the statement of facts under subsection (1), the party intending to appeal a decision, order or ruling of the Appeals Tribunal shall commence an appeal by issuing and filing a Notice of Appeal in the manner prescribed by the Rules of Court.
23(5)The Notice of Appeal shall be served upon the Commission within fifteen days from the date of issuance.
23(6)The Commission is entitled to be represented by counsel on the hearing of an appeal.
23(7)The Commission may
(a) of its own motion state a case in writing for the opinion of the Court of Appeal upon any question that in the opinion of the Commission is a question as to its jurisdiction or a question of law, and
(b) appeal a decision of the Appeals Tribunal to the Court of Appeal on any question that is a question as to the interpretation or application of this Act or a policy approved by the Commission, if that question was raised in the appeal to the Appeals Tribunal by the Commission.
23(7.1)The Appeals Tribunal may of its own motion state a case in writing for the opinion of the Court of Appeal on any question that in the opinion of the Appeals Tribunal is a question as to its jurisdiction or a question of law.
23(8)The Rules of Court, as far as they are applicable and not inconsistent with this section, apply to every proceeding before the Court of Appeal under this section.
23(9)Costs may be awarded in any appeal under this section.
2014, c.49, s.17
Appeal to Court of Appeal
23(1)Any party directly affected by a decision, order or ruling of the Appeals Tribunal, and intending to appeal therefrom shall, within thirty days after receipt of notice of the decision, order or ruling, apply to the Commission for a statement of the facts considered by the Appeals Tribunal and of the grounds taken by the Appeals Tribunal in making such decision, order or ruling, and the Commission shall within thirty days provide the party with such information, certified by the Chairperson of the Appeals Tribunal.
23(2)The statement of facts under subsection (1) shall include a copy of the written decision, order or ruling of the Appeals Tribunal, a transcript of the proceedings before the Appeals Tribunal, all evidence presented to the Appeals Tribunal, and a copy of all documents in the possession of the Commission relating to the decision, order or ruling.
23(3)The statement of facts under subsection (1) constitutes the record on appeal.
23(4)Within thirty days of receipt of the statement of facts under subsection (1), the party intending to appeal a decision, order or ruling of the Appeals Tribunal shall commence an appeal by issuing and filing a Notice of Appeal in the manner prescribed by the Rules of Court.
23(5)The Notice of Appeal shall be served upon the Commission within fifteen days from the date of issuance.
23(6)The Commission is entitled to be represented by counsel on the hearing of an appeal.
23(7)The Commission may of its own motion state a case in writing for the opinion of the Court of Appeal upon any question that in the opinion of the Commission is a question as to its jurisdiction or a question of law.
23(8)The Rules of Court, as far as they are applicable and not inconsistent herewith, apply to every proceeding before the Court of Appeal under this section.
23(9)Costs may be awarded in any appeal under this section.
Appeal to Court of Appeal
23(1)Any party directly affected by a decision, order or ruling of the Appeals Tribunal, and intending to appeal therefrom shall, within thirty days after receipt of notice of the decision, order or ruling, apply to the Commission for a statement of the facts considered by the Appeals Tribunal and of the grounds taken by the Appeals Tribunal in making such decision, order or ruling, and the Commission shall within thirty days provide the party with such information, certified by the Chairperson of the Appeals Tribunal.
23(2)The statement of facts under subsection (1) shall include a copy of the written decision, order or ruling of the Appeals Tribunal, a transcript of the proceedings before the Appeals Tribunal, all evidence presented to the Appeals Tribunal, and a copy of all documents in the possession of the Commission relating to the decision, order or ruling.
23(3)The statement of facts under subsection (1) constitutes the record on appeal.
23(4)Within thirty days of receipt of the statement of facts under subsection (1), the party intending to appeal a decision, order or ruling of the Appeals Tribunal shall commence an appeal by issuing and filing a Notice of Appeal in the manner prescribed by the Rules of Court.
23(5)The Notice of Appeal shall be served upon the Commission within fifteen days from the date of issuance.
23(6)The Commission is entitled to be represented by counsel on the hearing of an appeal.
23(7)The Commission may of its own motion state a case in writing for the opinion of the Court of Appeal upon any question that in the opinion of the Commission is a question as to its jurisdiction or a question of law.
23(8)The Rules of Court, as far as they are applicable and not inconsistent herewith, apply to every proceeding before the Court of Appeal under this section.
23(9)Costs may be awarded in any appeal under this section.