Articles 2022

Aujourdʼhui
Aujourdʼhui

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

  • 20 octobre 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, Accidents de travail

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

  • 20 octobre 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 in Ontario and his importance within administrative law.

Student Forum, Accidents de travail

WSIAT Stakeholder Event: Highlights and Summary

  • 16 octobre 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, Accidents de travail

Summary of WSIAT Stakeholder Event of May 25, 2022

  • 30 juin 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, Accidents de travail

The Right of Family Members to Sue in Respect of a Workplace Fatality

  • 08 avril 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, Accidents de travail

Sending Documents to and Receiving Documents from the WSIAT Electronically

  • 07 avril 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, Accidents de travail

Review: Workers’ Compensation Case Law Update, Morningstar v WSIAT

  • 14 février 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, Accidents de travail

The 2021 Ron Ellis Award for Excellence in Workers’ Compensation Law

  • 14 février 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, Accidents de travail

WSIAT Stakeholder Event of January 27, 2022

  • 14 février 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 January 27, 2022.

Student Forum, Accidents de travail