Articles 2020

As the number of individuals over the age of 65 continues to rise, the issue of entitlement to loss of earnings benefits for injured workers over the age of 63 is becoming increasingly relevant. Accordingly, this article will review two recent Workplace Safety and Insurance Appeals Tribunal decisions that have been released since the split decision in Tribunal Decision No. 512/06.

Laura Russell was presented with the 2014 Ron Ellis Award at the Awards Dinner on June 17, 2014 in recognition of her outstanding contribution to workers' compensation in Ontario.

Ryan Conlin chaired an interesting discussion between Joe Morrison and Craig Flood regarding the intersection between human rights matters and workers’ compensation matters on October 1st. This article is a summary of the caselaw and points discussed during the evening program.

In recent decisions of the Human Rights Tribunal of Ontario (HRTO), decision-makers have provided clarification about where it is appropriate for the HRTO to hear claims of discriminatory conduct by the WSIB.

Defining the scope of the Tribunal’s supervisory jurisdiction over Board policy.

WSIB joins other jurisdictions in developing policy specific to adjudicating claims where pre-existing conditions are present.

In anticipation of the annual Ron Ellis Award dinner on June 17, Ryan Campbell sat down with Laura Russell, 2014 award recipient, to learn more about her career.

The Tribunal has continued its near flawless run on judicial review applications. In late December of 2013, the Divisional Court dismissed an application for judicial review of the Tribunal’s decision regarding a right to sue application in Dicks,(Ontario) Workplace Safety and Insurance Appeals Tribunal v. Bellissimo.

An interesting workers’ compensation case is at the Supreme Court of Canada. Davis v. WorkSafe BC [2013] SCCA No. 432 was filed as a leave to appeal case on December 9, 2013. The case on the surface is about the standard of review. But buried deep down is the more the perplexing question that has vexed workers’ compensation practitioners since Meredith filed his first report: should workers’ compensation cases be resolved before a jury of one’s peers?

Bill 146, the Stronger Workplaces for a Stronger Economy Act, proposes changes to many of Ontario’s employment related statutes. The proposed amendments to the Workplace Safety and Insurance Act will affect employers that contract for the services of temporary agency workers. The proposed amendments would shift the premium and accident costs for temporary agency workers from the temporary agency to the client employer which has contracted with the agency.