Indexed As: Workers' Compensation Board (P.E.I.) v. J & B Administrative Services Inc.

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1 Workers' Compensation Board of Prince Edward Island (appellant) v. J & B Administrative Services Inc. (respondent) and Workers' Compensation Appeal Tribunal (respondent) (S1-CA-1262; 2014 PECA 2) Indexed As: Workers' Compensation Board (P.E.I.) v. J & B Administrative Services Inc. Prince Edward Island Court of Appeal Jenkins, C.J.P.E.I., Murphy and Mitchell, JJ.A. February 26, Summary: The Camerons owned a number of companies, including two construction companies, a restaurant business and J & B Administrative Services Inc. J & B was in the business of providing bookkeeping and administrative services. The Workers' Compensation Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related companies. J & B appealed. The Workers' Compensation Appeal Tribunal overturned the Board's decision and put J & B in the bookkeeping/tax services category. The Workers' Compensation Board appealed. The Prince Edward Island Court of Appeal allowed the appeal and reinstated the decision of the Workers' Compensation Board. Workers' Compensation - Topic 63 General principles - Interpretation - Statutory policies and programs - [See Workers' Compensation - Topic 8507]. Workers' Compensation - Topic 7005 Scope of review - [See Workers' Compensation - Topic 8507]. Workers' Compensation - Topic 7006 Standard of review - [See Workers' Compensation - Topic 8507]. Workers' Compensation - Topic Practice - Appeals to courts - Scope of appeal or review - [See Workers' Compensation - Topic 8507]. Workers' Compensation - Topic 7124 Practice - Judicial review - Standard of review - [See Workers' Compensation - Topic 8507]. Workers' Compensation - Topic 8507 Assessments upon employers - General - Classification - Appeals - The Camerons owned two construction companies, a restaurant business and J & B Administrative Services Inc. - J & B provided bookkeeping and administrative services - The Workers' Compensation

2 Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related Cases Noticed: New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.BR.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 25]. Charlottetown (City) v. Island Regulatory and Appeals Commission (P.E.I.) et al. (2013), 339 Nfld. & P.E.I.R. 192; 1054 A.P.R. 192; 2013 PECA 10, refd to. [para. 28]. Alliance Pipeline Ltd. v. Smith (2011), 412 N.R. 66; 2011 SCC 7, refd to. [para. 29]. Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al. (2011), 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 32]. Rogers Communications Inc. et al. v. Society of Composers, Authors and Music Publishers of Canada et al. (2012), 432 N.R. 1; 2012 SCC 35, refd to. [para. 35]. MacMaster v. Workers' Compensation Board (P.E.I.) (2012), 330 Nfld. & P.E.I.R. 222; 1026 A.P.R. 222; 2012 PECA 19, refd to. [para. 37]. Workers' Compensation Board (P.E.I.) v. Mullen (2011), 308 Nfld. & P.E.I.R. 44; 958 A.P.R. 44; 2011 PECA 10, refd to. [para. 37]. Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 42]. Irving Pulp & Paper Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30 (2013), 445 N.R. 1; 404 N.BR.(2d) 1; 1048 A.P.R. 1; 2013 SCC 34, refd to. [para. 42]. Manitoba v. Russell Inns Ltd. et al. (2013), 291 Man.R.(2d) 244; 570 W.A.C. 244; 2013 MBCA 46, refd to. [para. 48]. Manitoba Association of Health Care Professionals v. Nor-Man Regional Health Authority Inc., [2011] 3 S.C.R. 616; 423 N.R. 95; 275 Man.R.(2d) 16; 538 W.A.C. 16; 2011 SCC 59, refd to. [para. 52]. Lewis v. Central Credit Union Ltd. (2012), 323 Nfld. & P.E.I.R. 177; 1004 A.P.R. 177; 2012 PECA 9, refd to. [para. 75]. Authors and Works Noticed: Ison, Terence G., Workers' Compensation in Canada (2nd Ed. 1989), p. 62, para [para. 71]. Macaulay, Robert W., and Sprague, James L.H., Practice and Procedure Before Administrative Tribunals (2004 Looseleaf), vol. 3, p (25) [para. 48]. Mullan, David, Unresolved Issues on Standard of Review in Canadian Judicial Review of Administrative Action - the Top Fifteen! (2013), 42 Adv. Q. 1, p. 9 [para. 55].

3 Counsel: Brian L. Waddell, Q.C., for the appellant; Douglas R. Drysdale, Q.C., for the respondent; D. Shannon Farrell, for the Workers' Compensation Appeal Tribunal. This appeal was heard at Charlottetown, P.E.I., on November 14, 2013, by Jenkins, C.J.P.E.I., Murphy and Mitchell, JJ.A., of the Prince Edward Island Court of Appeal. Murphy, J.A., delivered the following decision for the court on February 26, Editor: Elizabeth M.A. Turgeon Order accordingly. Workers' Compensation - Topic 63 General principles - Interpretation - Statutory policies and programs - The Camerons owned two construction companies, a restaurant business and J & B Administrative Services Inc. - J & B provided bookkeeping and administrative services - The Workers' Compensation Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related Workers' Compensation - Topic 7005 Scope of review - The Camerons owned two construction companies, a restaurant business and J & B Administrative Services Inc. - J & B provided bookkeeping and administrative services - The Workers' Compensation Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related companies - The Workers'

4 Workers' Compensation - Topic 7006 Standard of review - The Camerons owned two construction companies, a restaurant business and J & B Administrative Services Inc. - J & B provided bookkeeping and administrative services - The Workers' Compensation Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related companies - The Workers' Workers' Compensation - Topic Practice - Appeals to courts - Scope of appeal or review - The Camerons owned two construction companies, a restaurant business and J & B Administrative Services Inc. - J & B provided bookkeeping and administrative services - The Workers' Compensation Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related Workers' Compensation - Topic 7124 Practice - Judicial review - Standard of review - The Camerons owned two construction companies, a restaurant business and J & B Administrative Services Inc. - J & B provided bookkeeping and administrative services - The Workers' Compensation Board put J & B into the construction and restaurant classification and rate group, because J & B was providing supportive, ancillary and incidental work to related companies - The Workers'

Maritime Broadcasting System Limited (applicant) v. Canadian Media Guild (respondent) (A ; 2014 FCA 59)

Maritime Broadcasting System Limited (applicant) v. Canadian Media Guild (respondent) (A-534-12; 2014 FCA 59) Indexed As: Maritime Broadcasting System Ltd. v. Canadian Media Guild Federal Court of Appeal