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Judicial Review

On July 1, 2010, new B.C. Supreme Court civil rules come into force. Information about the rules can be found on the Court's website. Judicial review documents, timelines and requirements are affected. The judicial review information currently on this site is based upon the rules in effect as of July 1, 2010.

Here is some general information about judicial reviews of WCAT decisions. We do not explain the law or provide legal advice. For further assistance, please consult a lawyer. If you do not have a lawyer .

If you are someone affected by a WCAT decision, you have the right to ask the Supreme Court of British Columbia to set aside that decision through a judicial review. The court only rules on the question of whether we made a jurisdictional error. The judge will not rehear your appeal.

You need to perform two tasks when applying for a judicial review. First, file a petition and an affidavit with the Supreme Court of British Columbia. Second, serve these two documents on WCAT, the Attorney General of British Columbia, and the other respondents.

You have 60 days from the date we issue our decision to file an application for judicial review in court. Sometimes the court will grant an extension of time, but there is no guarantee that it will. The judge will consider the amount of time that has passed and the reason for missing the deadline when deciding whether to grant an extension.  more ...

When we respond to a judicial review petition, we rely primarily on the tribunal record. This record includes the WorkSafeBC file, all WCAT correspondence, any written submissions from the parties to the appeal, the oral hearing tape, our procedural decisions granting extensions of time, adjournments, etc., and our decision on the appeal. The petitioner is normally responsible for providing the record. However, we follow a different process which avoids unnecessary duplication and also makes it easier for all parties and for the judge.

The petitioner is responsible for obtaining a hearing date from the Supreme Court of British Columbia. Judicial review hearings take at least one day, often longer. Please consult with us and the other respondents first so a mutually convenient date can be chosen. The petitioner is also responsible for assembling a petition record. You will find a complete list of what must be included in the petition record and what you must file in court to set the matter for hearing on the Supreme Court of British Columbia's website at www.courts.gov.bc.ca under the Self-Represented Litigants tab.

A judge will hear the judicial review application in chambers. The term chambers is used to describe a type of hearing that is different from a full trial, because evidence is usually presented in the form of written affidavits rather than through witnesses.

A judge considers very limited factors in deciding whether to review our decision. These factors differ according to the kind of error found:

  • If we have made an error of fact or law, or improperly exercised our discretion, the judge will allow a review only if our decision was "patently unreasonable."
  • If we have made an error of procedural fairness, the judge will allow a review only if we did not act fairly in all the circumstances.
  • If we made any other type of error, a judge will allow a review only if our decision was not correct.

The judge may make a decision at the end of the hearing or give the parties a written decision later.

For more detailed information about bringing a judicial review of a WCAT decision .

Workers' Compensation Appeal Tribunal. 150-4600 Jacombs Road, Richmond BC V6V 3B1 * All rights reserved.
Tel. (604) 664-7800 * Toll Free within BC 1 (800) 663-2782 * Fax (604) 664-7898
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