December 8, 2016
In a decision released on November 29, 2016 and cited as Fontaine v. Canada (Attorney General), 2016 BCSC 2218, the Honourable Madam Justice B.J. Brown of the Supreme Court of British Columbia has established deadlines for claimants who wish to have a Court review a final (re-review) decision in the Independent Assessment Process (IAP).
Justice Brown found that while there is no right to appeal an IAP decision to the courts, there is "a limited right of judicial recourse" to the Courts from final decisions in the Independent Assessment Process (IAP), where the IAP decision is "exceptionally unreasonable" or exhibits a "patent disregard" for the compensation rules. Justice Brown's decision set the following timelines for requesting such a review:
The decision confirms an earlier decision of the Ontario Court of Appeal that Claimants can only access judicial recourse in very exceptional circumstances. Claimants who request review by the Courts must first exhaust all review rights within the IAP - first and second review (re-review).
For additional information, please consult: