What is the employer's position on the standard of review and the interpretation of the legislation and policy relating to mental health issues?
British Columbia, Canada
The following excerpt is from Pickering v School District No. 38 (Richmond), 2021 BCSC 1497 (CanLII):
The employer’s position on the standard of review focusses on the limits that are placed on the reviewing court. With respect to the interpretation of the legislation and the policy relating to mental disorders, the court is not entitled to substitute its own interpretation for that of the panel. The employer cites the decision of Justice Adair in Van Dam v. Workers’ Compensation Appeal Tribunal, 2017 BCSC 227, which addressed this “interpretation” issue:
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