Articles 2022


Reminders on the Use of Expert Reports from Decision No. 1483/21

  • March 02, 2023
  • Alanna Mihalj

This article highlights Decision No. 1483/21 as a reminder to advocates of the documents that must accompany an expert report. Without the appropriate accompanying documents, advocates risk their expert reports being given little or no weight in the weighing of evidence.

Student Forum, Workers' Compensation

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