Articles

About Articles The following articles are published by the Workers' Compensation Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Robin Senzilet

 

Today
Today

Ontario Court of Appeal Summaries (September 17 – 21, 2018)

  • September 24, 2018
  • John Polyzogopoulos

As everyone will have heard by now, the Court of Appeal stayed Justice Belobaba’s decision in Toronto (City) v. Ontario (Attorney General). Other topics this week included notice of termination in the context of a mass termination of employees, municipal liability for non-repair of a highway (two decisions), administrative law in the WSIB context, and causation in the medmal context.

Civil Litigation, Student Forum, Workers' Compensation

The duty to accommodate: does the origin of the disability matter?

  • March 27, 2018
  • Nathalie Léger and Amy Nguyen

A recent decision by the Supreme Court of Canada sheds new light on how to consider employers’ duty to accommodate when dealing with an injured worker. In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, 2018 SCC 3, the Court unanimously decided that “the duty to reasonably accommodate disabled employees is a fundamental tenet of Canadian and, more particularly, Quebec labour law. ”

Constitutional, Civil Liberties and Human Rights Law, Workers' Compensation

WSIB Found Liable for Human Rights Violations Against an Injured Worker

  • November 10, 2017
  • Ryan J. Conlin, Partner, Stringer LLP Management Lawyers

In a rare decision, the Human Rights Tribunal found that the Workplace Safety and Insurance Board (WSIB) failed to accommodate a worker’s disability in terms of the way in which the claim was handled. The case includes lessons for the broader community, particularly in light of the revised WSIB mental stress policies which will take effect come January 2018.

Workers' Compensation, Student Forum

It's Not a Treasure Hunt: A Judicial Review of a WSIAT Decision on what is "Reasonably Incidental to Employment"

  • March 20, 2017
  • Dan Revington

This insightful article highlights the deference the courts give to decisions of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), noting that review of a decision will be on the "organic whole, without a line-by-line treasure hunt for error." As an added bonus, the article also provides a reminder that remote work locations create exceptions for what will be considered "reasonably incidental to employment".

Workers' Compensation
In the Course of Employment: When a Plaintiff Should Really be a WSIB Claimant

In the Course of Employment: When a Plaintiff Should Really be a WSIB Claimant

  • March 01, 2017
  • Karen E. Jacques

There are times when it is not immediately clear whether an injured party ought to be considered In the Course of Employment, and therefore required to seek compensation through WSIB benefits rather than through a civil action lawsuit. It is important for representatives on both sides of the equation to carefully consider this possibility at the earliest opportunity.