An alternative theory put forward by the WSIB rests on the principle of judicial immunity. As discussed in Cartier v. Nairn, 2009 HRTO 2208, [t]he doctrine of judicial immunity prohibits legal proceedings against judicial actors which are based on their actions as adjudicators or decision-makers. The doctrine is rooted in the principle of judicial independence, the purpose of which is to ensure that judicial actors are free to execute their decision-making duties with independence and without fear of consequences.
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