Articles 2022

Today
Today

The Subjective Element of the Workplace Harassment Test and Decision No. 35/22

  • October 20, 2022
  • Kira Clarke

This article reviews a recent split decision from a panel of the WSIAT, whereby a majority composed of the side members denied a worker's appeal for entitlement to Chronic Mental Stress. The Vice-Chair would have allowed entitlement. The decision highlights how the weight given to subjective evidence can impact the outcome of CMS appeals.

Student Forum, Workers' Compensation

Ron Ellis Symposium, June 21, 2022: Highlights of an Extraordinary Career

  • October 20, 2022
  • Alec Farquhar

This article provides a summary of the recent Ron Ellis Symposium hosted by the Workers' Compensation Section of the OBA. The symposium highlighted the career and impact of Ron Ellis on Ontario's workers' compensation system and his importance within administrative law.

Student Forum, Workers' Compensation

WSIAT Stakeholder Event: Highlights and Summary

  • October 16, 2022
  • Michael Edmonds

This article provides highlights and a summary of information shared by the WSIAT at its September 28, 2022 Stakeholder Event. Updates include announcements about upcoming changes to Tribunal process and practice with the Tribunal also providing a summary of several new and noteworthy decisions.

Student Forum, Workers' Compensation

Summary of WSIAT Stakeholder Event of May 25, 2022

  • June 30, 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 May 25, 2022.

Student Forum, Workers' Compensation

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