Learn How to Fight your Workers Compensation Board

Fight WCB

The Constitution in most Common law countries has a "Supremacy Clause", which means that the constitution is the supreme law of the land. It also means that any law that is in conflict can be ruled by a court as to have no force or effect.

​For example in the Canadian Constitution under section 52 it states: "The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect."


Plesner v. British Columbia Hydro and Power Authority

Plesner v. British Columbia Hydro and Power Authority, 2009 BCCA
Deals with striking  a WCB law by a Provincial Appeals Court
Plesner had filed an appeal to the Tribunal. It was denied. He then filed Judicial Review and challenged the constitutionality of the section of the WCB law. The Judge refused to deal with the constitutional matter. As a result Plesener appealed to the BC Appeals Court. In their decision they ruled a section of the BC WCB law as unconstitutional - of no force or effect.

Thank you to Lisa for the information about this case.


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WCB Laws