Can a reversal of the burden of proof at the BC Workers Compensation Appeal Tribunal result in a decision that is patently unreasonable?

British Columbia, Canada


The following excerpt is from LaBrie v Liu, 2021 BCSC 2486 (CanLII):

Reversal of the burden of proof can be both procedurally unfair and result in a decision that is patently unreasonable: Gogol v. Workers Compensation Appeal Tribunal, 2008 BCSC 489 at paras. 22-24.

Other Questions


Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the impact of the Court of Appeal Tribunal’s "unreasonable" and "patently unreasonable" interpretation of policy by the tribunal? (British Columbia, Canada)
What jurisprudence should be considered in support of an appeal by a plaintiff in his BC Workers’ Compensation Appeal Tribunal case? (British Columbia, Canada)
What is the test for reweighing the evidence at the BC Workers’ Compensation Appeal Tribunal? (British Columbia, Canada)
What is the effect of a finding of fact by the BC Workers’ Compensation Appeal Tribunal on a claimant’s entitlement? (British Columbia, Canada)
What is the current state of the law on credibility issues at the BC Workers’ Compensation Appeal Tribunal? (British Columbia, Canada)
How has the Workers’ Compensation Appeal Tribunal in BC dealt with loss of earnings pension claims? (British Columbia, Canada)
Is cognitive impairment secondary to a compensable injury sufficient to meet the requirements of the BC Workers’ Compensation Appeal Tribunal of BC? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
In a Workers’ Compensation Appeal Tribunal case, is there any case law supporting the proposition that a claimant’s right to sue for unfair dismissal? (British Columbia, Canada)