After an Appeal - Judicial Review FAQs

1. What is a petition?

A petition is a document that states the specific legal error in our decision that you want the court to correct. In your petition, identify the law and the policy that supports your case.

2. How do I serve WCAT with my petition and affidavit?

Serving a document means delivering a document in a particular way. You can serve WCAT by mailing or couriering a filed copy to us or by leaving a filed copy with our receptionist.

3. What happens if I don't serve the Attorney General, the accident employer, the worker, or WorkSafeBC?

If you don't serve the Attorney General with your petition, you risk having your judgment set aside if the Attorney General later determines that there was a public interest at stake in your judicial review application. If you don't serve WorkSafeBC, the accident employer, or the worker, the court may give you time to serve them. This may mean that your judicial review hearing will have to be rescheduled. Alternatively, the court may not grant any of your requests (remedies) that may directly affect them. The court may also dismiss your petition.

4. Can I apply for reconsideration and judicial review at the same time?

Yes. You can apply for reconsideration and judicial review of the same decision at the same time. In that case, we will provide the reconsideration vice chair with the judicial review petition and related documents. The vice chair will consider the portions of those documents which are relevant to the reconsideration application.