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: Sarah Schumacher



The Right of Family Members to Sue in Respect of a Workplace Fatality

  • April 08, 2022
  • Cassandra Ma, Filion Wakely Thorup Angeletti LLP

It is well known that workers’ compensation benefits are in lieu of the accident-related damages that can be civilly claimed by a worker or their estate. What happens, however, to the rights of action held by family members who are not part of a deceased worker’s estate or dependents? Do these family members retain the right to commence civil litigation in respect of a work-related fatality?

Student Forum, Workers' Compensation

Sending Documents to and Receiving Documents from the WSIAT Electronically

  • April 07, 2022
  • Sarah Schumacher, Workplace Safety and Insurance Appeals Tribunal

Learn how the Workplace Safety and Insurance Appeals Tribunal (WSIAT) sends and receives documents electronically and where you can find more information on the WSIAT's E-Share and E-File services.

Student Forum, Workers' Compensation

Review: Workers’ Compensation Case Law Update, Morningstar v WSIAT

  • February 14, 2022
  • Julie Weller, Mathews Dinsdale

The following paper provides a high level overview of the Morningstar v. WSIAT Case Law Update program. Helpful information was provided by both worker side and employer side representatives including an overview of the law now and helpful tips for workplace parties who find themselves representing clients before the WSIAT on a Section 31 Application based on a constructive action decision that is based on mental stress caused by harassment or bullying.

Student Forum, Workers' Compensation

The 2021 Ron Ellis Award for Excellence in Workers’ Compensation Law

  • February 14, 2022
  • Julia Noble, Office of the Counsel to the Chair, Workplace Safety and Insurance Appeals Tribunal

Overview of the 2021 Ron Ellis Award for Excellence in Workers' Compensation Law Event on October 26, 2021 where Rosemarie McCutcheon, Chair of the Workplace Safety and Insurance Appeals Tribunal, received the award.

Student Forum, Workers' Compensation

WSIAT Stakeholder Event of January 27, 2022

  • February 14, 2022
  • Teresa Gianfelice, Office of the Worker Advisor

Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on January 27, 2022.

Student Forum, Workers' Compensation

The Weighty Impact of Obesity on Workers’ Compensation Claims Costs

  • October 22, 2021
  • Cassandra Ma, Canada Post Corporation

This article examines the strategy for employers in reducing claim costs by characterizing obesity as a pre-existing condition for the purposes of claiming cost relief from the Second Injury and Enhancement Fund (SIEF). In reviewing recent caselaw from the WSIAT this article finds that obesity will be grounds for SIEF cost relief only where treating physicians have linked a worker's obesity to the work-related injury or its treatment.

Student Forum, Workers' Compensation

Recap of the WSIAT Stakeholder Event of September 28, 2021

  • October 21, 2021
  • Teresa Gianfelice, Office of the Worker Adviser

For those who were unable to attend the recent WSIAT stakeholder event, the notes below touch upon the highlights of each presentation from the event.

Student Forum, Workers' Compensation