What is the current state of the law on the adequacy of reasons set out by the BC Workers’ Compensation Appeal Tribunal?
British Columbia, Canada
The following excerpt is from WCAT-2009-02107 (Re), 2009 CanLII 76916 (BC WCAT):
Although not binding upon me, I note the helpful summary of recent jurisprudence relating to the adequacy of reasons set out in WCAT-2009-00048, dated January 8, 2009. The following extract from Baldwin v. Workers’ Compensation Appeal Tribunal 2007 BCSC 942 is of particular relevance: [43]….WCAT is required to provide reasons for its decisions, pursuant to s. 253(3) of the [Act]. However, I am unaware of any requirement stating that a tribunal must mention every factor that could possibly influence a decision. In my view, to require endlessly detailed reasons in all situations would ask too much. Reasons must be sufficient to allow the parties involved to understand the decision-maker’s reasoning and to provide enough information for an appeal, if one is desired, but should not be held to a standard of perfection.
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