Articles 2022

A recent decision by the Supreme Court of Canada sheds new light on how to consider employers’ duty to accommodate when dealing with an injured worker. In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, 2018 SCC 3, the Court unanimously decided that “the duty to reasonably accommodate disabled employees is a fundamental tenet of Canadian and, more particularly, Quebec labour law. ”

A recent decision of the Divisional Court in which an employer’s application for judicial review of a WSIAT decision was granted.

Recent WSIAT decision discusses the applicability of the WSIB's Adjudicative Advice document for workers in the Seasonal Agricultural Workers' Program, in light of inconsistencies with the WSIA and WSIB policy.

In a rare decision, the Human Rights Tribunal found that the Workplace Safety and Insurance Board (WSIB) failed to accommodate a worker’s disability in terms of the way in which the claim was handled. The case includes lessons for the broader community, particularly in light of the revised WSIB mental stress policies which will take effect come January 2018.

This insightful article highlights the deference the courts give to decisions of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), noting that review of a decision will be on the "organic whole, without a line-by-line treasure hunt for error." As an added bonus, the article also provides a reminder that remote work locations create exceptions for what will be considered "reasonably incidental to employment".

Policy 11-01-14, Reconsiderations of Decisions, states, “The WSIB may reconsider any decision made by it and may confirm, amend or revoke the decision. The WSIB may do so at any time if the WSIB considers it advisable to do so.”

On December 10, 2015 the Ontario Government passed Bill 109, which significantly amends the Workplace Safety and Insurance Act, 1997 (WSIA).

In Fleming v. Massey, 2016 ONCA 70 (CanLII), the Ontario Court of Appeal held that a worker cannot waive the right to sue their employer for negligence.