WORKERS' COMPENSATION - Civil procedure - Jurisdiction

Law360 Canada ( February 27, 2018, 6:51 AM EST) -- Appeal by the plaintiff, Taylor, from an order striking his action against the defendants, the Workplace Safety Insurance Board (Board) and Workplace Safety and Insurance Appeals Tribunal (Tribunal). The self-represented plaintiff suffered a workplace injury in 1997. In the ensuing 20 years, the plaintiff was involved in several hearings before the Board and Tribunal, all of which culminated in a denial of various categories of benefits. In 2014, the plaintiff sued the Board and Tribunal seeking compensatory damages of $1.7 million plus $15 million in punitive damages. The defendants brought a motion to dismiss the action on jurisdictional grounds, or alternatively, strike the pleadings for failure to disclose a cause of action. The motion judge concluded that the Superior Court of Justice lacked jurisdiction to engage in a judicial review of Board and Tribunal decisions in the context of a civil action. The action was dismissed. Additionally, the statement of claim was struck in its entirety without leave to amend for failure to disclose a reasonable cause of action. The plaintiff appealed....
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