Skip to Content, Skip to Navigation
Advertisement

Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Accident Compensation Cases

Young v Accident Compensation Corporation (DC, 08/07/04)

Judgment Text

RESERVED JUDGMENT OF JUDGE J. CADENHEAD 
Judge J. Cadenhead
[1]
It is apparent from the review decision that the reviewer decided this on a limitation point, and held that there was prejudice to the Corporation. However, this point was never seriously argued at the review hearing. 
[2]
The other issue that arose was that of informed consent. The reviewer did not decide credibility issues, but rather relied upon a case of mine Corcoran (230/03) 
[3]
Both counsel agree that the matter should go back to a review hearing, when the issue of limitation could be addressed, and also the issues of credibility. Witnesses may need to be called on the issue of informed consent. Apparently the informed consent issue was only ever first raised at the review hearing, without prior notice. 
Decision 
[4]
Neither counsel opposes that I allow this appeal and send the matter back for a review decision. In particular, the limitation issue should be argued and addressed, and also, credibility issues relating to informed consent. 
[5]
The appeal is allowed. There will be no order as to costs. 

From Accident Compensation Cases

Table of Contents