On December 10, 2021, the OBA Workers' Compensation Section hosted a seminar, Chaired by Cassandra Ma, based on the Divisional Court's decision, Morningstar v WSIAT et al, 2021 ONSC 5576 (“Morningstar”). The debate was lively and helpful information was provided to the worker and employer representatives who attended the program.
While the Court of Appeal denied the employer’s application for leave to appeal Morningstar on January 20, 2022, the discussion points presented during the seminar remain relevant.
Teresa A. Gianfelice, Legislative Interpretation Specialist, Office of Worker Advisor provides an explanation of how the Divisional Court’s decision reflects the Rights of Action provisions of the Workplace Safety and Insurance Act (“WSIA”), interpreted through the lens of the historic trade-off.
James Jennings, Associate Lawyer, Filion Wakely Thorp Angeletti LLP, provided a critique of the Divisional Court’s decision and an analysis of the potential impact of the decision.