- Estoppel
The worker sought entitlement to a permanent disability award for the left knee and entitlement for physiotherapy treatment.
The Panel determined that it did not have jurisdiction to hear this appeal. The doctrine of issue estoppel prevented the Tribunal from hearing this appeal. The Tribunal and WSIB are both bound by findings made in a specific case by prior Tribunal decisions. The Supreme Court of Canada has stated that the doctrine of issue estoppel prevents a party from relitigating an issue when that issue was decided in prior judicial proceedings between the same parties. The court does, however, have discretion to not apply issue estoppel if doing so would cause an injustice (see Penner v. Niagara (Regional Police Services Board)).The Supreme Court of Canada has also stated that issue estoppel and the discretion not to apply it, are applicable to administrative tribunal decisions. The Supreme Court of Canada identified that the doctrine of issue estoppel applies when three conditions are met: 1) the same question has been decided by a previous decision; 2) that previous decision was a final decision; and, 3) the parties to that previous decision are the same parties involved in a new proceeding that is asking the same question.These conditions were met in this case. The fundamental question in the current appeal was the same fundamental question that was addressed in Decision No. 3297/00. The Tribunal is the final level of appeal for Ontario workplace safety and insurance matters. A decision of the Tribunal is final and cannot be appealed. The parties involved in Decision No. 3297/00 were the same parties that were involved in the current appeal. The Tribunal may, at its discretion, choose not to apply the doctrine of issue estoppel, even if the three-part issue estoppel test is met. Tribunal decisions follow the Tribunal's Practice Direction on Reconsiderations for using discretion to not apply the doctrine of issue estoppel. There was no evidence of a fundamental error of law or process in Decision No. 3297/00. The newer evidence did not warrant the Tribunal applying discretion to void the applicable doctrine of issue estoppel. The Panel concluded that applying the doctrine of issue estoppel would not cause an injustice.