Articles 2022

Today
Today
Cassandra Ma

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
Jennifer Chan

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
Julie Weller

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
Cassandra Ma

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
Nhi Huynh

WSIB 2020 Policy Agenda Summary – What’s on the Workplace Horizon?

  • February 07, 2020
  • Nhi Huynh

As the number of Ontario’s workers continues to grow, the WSIB heads into 2020 with continued commitment to providing transparent, accessible, and timely services. Along with the WSIB’s prioritization of service improvements, the WSIB 2020 Policy Agenda outlines process items that the WSIB will focus on over the next year.

Student Forum, Workers' Compensation
Civil Action Seeking Damages for Alleged Workplace Harassment is Statute-Barred

Civil Action Seeking Damages for Alleged Workplace Harassment is Statute-Barred

  • November 12, 2019
  • Giovanna Di Sauro

The Workplace Safety and Insurance Appeals Tribunal recently ruled in Decision No. 1227/19 that a worker was statute-barred from pursuing a civil action in respect of alleged workplace harassment. This decision clarifies how work-related accidents and associated injuries may fall within the exclusive jurisdiction of the workers’ compensation benefits scheme.

Student Forum, Workers' Compensation
Out with the Old, in with the (New) Rate Framework

Out with the Old, in with the (New) Rate Framework

  • October 11, 2019
  • James Jennings

The Workplace Safety and Insurance Board will be replacing its employer classification and premium system with a Rate Framework model effective January 1, 2020.

Student Forum, Workers' Compensation