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: Jennifer Chan

 

Today
Today

Some Reflections on Some Recommendations

  • February 11, 2021
  • John Bartolomeo, lawyer and co-director, Workers' Health and Safety Legal Clinic

In this article, John Bartolomeo of the Workers' Health and Safety Legal Clinic shares his thoughts on two of 25 recent recommendations that resulted from an operational review of the Workplace Safety and Insurance Board, which include various amendments to the current appeals system.

Student Forum, Workers' Compensation

Soft Law and Adjudicative Independence: Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), 2020 FCA 196

  • February 11, 2021
  • Michelle Alton and Rosemary Basa, WSIAT Tribunal Counsel Office

The following is a case summary of Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship), a Federal Court of Appeal decision considering whether the use of Jurisprudential Guides, a form of "soft law" authorized under the Immigrant and Refugee Protection Act, improperly interferes with adjudicative independence.

Student Forum, Workers' Compensation

Understand the Impact of COVID-related Benefits on Loss of Earnings

  • October 19, 2020
  • Jennifer Chan, principal lawyer, JTC Litigation

The government's response to COVID-19 has been, thankfully, to create various benefits for suffering workers. The result, however, is potential overlap of compensation schemes that leave employees confused and in danger of "double dipping." This article discusses one area of overlap: receipt of COVID-19 benefits and Loss of Earnings (LOE) benefits for injured workers.

Student Forum, Workers' Compensation
WSIB and Working from Home: When Is a Home-Based Accident Considered to Arise in the Course of Employment?

WSIB and Working from Home: When Is a Home-Based Accident Considered to Arise in the Course of Employment?

  • July 06, 2020
  • Cassandra Ma

In the wake of the COVID-19 pandemic, more Ontarians are working from home than ever before. What does this mean, however, from the perspective of workers’ compensation benefits? What obligations arise for workplace parties if a worker becomes injured while working from home? This article provides a detailed discussion about how and when work-from-home injuries may fall within the employment nexus and, by extension, be deemed compensable.

Student Forum, Workers' Compensation

Understanding the WSIAT’s Unique Privacy Obligations: Toronto Star v. AG Ontario, 2018 ONSC 2586

  • July 06, 2020
  • Michelle Alton, WSIAT General Counsel

In Toronto Star v. AG Ontario, 2018 ONSC 2586, the Ontario Superior Court of Justice held that it was contrary to the Charter to apply the Freedom of Information and Protection of Privacy Act to adjudicative documents of administrative tribunals. This article reviews the Superior Court's decision, the subsequent enactment of the Tribunal Adjudicative Records Act, and privacy obligations specific to the WSIAT.

Student Forum, Workers' Compensation

Vavilov in the WSIAT Context

  • July 06, 2020
  • Michelle Alton, WSIAT General Counsel, and Ana Rodriguez Garcia, WSIAT Tribunal Counsel Office Lawyer

In 2019, the Supreme Court of Canada overhauled the established framework for determining the appropriate standard of judicial review. A reasonableness standard is now the presumptive standard. This article discusses both the new standard of review framework and the recent decision in Radzevicius v. Workplace Safety and Insurance Appeals Tribunal, wherein the new framework was applied to a WSIAT decision for the first time.

Student Forum, Workers' Compensation
The Case for Ongoing Loss of Earnings After Termination: A Summary of WSIAT Decision No. 233/20

The Case for Ongoing Loss of Earnings After Termination: A Summary of WSIAT Decision No. 233/20

  • June 26, 2020
  • Jennifer Chan

What happens when a worker has been dismissed for cause after they return to work following a compensable workplace accident? In Decision No. 233/20, the WSIAT adopts a contextual approach to addressing this issue and adjudicating post-termination entitlement to loss of earnings (LOE) benefits. In turn, the decision signals at further issue overlap between the jurisdictions of workers’ compensation agencies and the civil courts.

Student Forum, Workers' Compensation
Workers’ Compensation & Entitlement for Work-Related COVID-19

Workers’ Compensation & Entitlement for Work-Related COVID-19

  • April 02, 2020
  • Julie Weller

The Workplace Safety and Insurance Board ("WSIB") has confirmed that workers should file claims if they believe that they have contracted COVID-19 while at work. However, the rapid ease with which COVID-19 spreads through communities creates a unique adjudicative challenge. This article discusses the complex principles behind entitlement for WSIB claims pertaining to COVID-19.

Student Forum, Workers' Compensation
A Retrospective on Workers’ Compensation Law in 2019

A Retrospective on Workers’ Compensation Law in 2019

  • February 10, 2020
  • Cassandra Ma

2019 was yet another busy year for the Workplace Safety and Insurance Appeals Tribunal! This article covers some of the WSIAT's noteworthy cases from the last year, including its significant decisions in respect of chronic mental stress claims, the fatal claim premium adjustment, transfer of costs, and survivor benefits.

Student Forum, Workers' Compensation