Kensington Co-operative Association Limited v Profitt, Workers Compensation Appeal Tribunal and Workers Compensation Board PEI

canada, canadian, case law, court opinion, canlii, pescad, 2026peca9, 2026 peca 9 (canlii), 2026, peca, 9, (canlii), s1-ca-1544, 2026, statutory interpretation, modern statutory interpretation, workers compensation act, s. 56(1), meaning of “decision”, whether “decision” refers to what the board did, decision and reasons distinguished, acceptance of a claim for benefits required deciding worker status, appeal tribunal interpretation rejected, appeal allowed, decision quashed and matter remitted, limitation periods, reconsideration deadline, workers compensation act, s. 56(1), 90, day limitation period, whether the worker’s request was beyond 90 days from notification, whether the later board determination was an impermissible late reconsideration of an earlier benefits decision, limitation period engaged if a decision was made in the earlier correspondence, appeal allowed, decision quashed and matter remitted, administrative law, reasons, procedural fairness, whether absence of communicated reasons meant no decision was made, tribunal conflating decisions and reasons, board policy on decision, making and communication of reasons considered, written reasons often beneficial but not required for every administrative decision as a condition of fairness, tribunal legal error found, appeal allowed, decision quashed and matter remitted, procedure, leave to appeal and remedy, workers compensation act, ss. 56.2(1) and 56.2(2), judicature act, s. 21(2), whether leave should be granted on an arguable issue, quashing tribunal decision for error of law, whether to remit for redetermination rather than substitute result, leave granted, appeal allowed, decision quashed and matter remitted