OBA.org - Articles 2022

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.

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.

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.

Income Deeming, Phantom Jobs and Human Rights: ONIWG’s submissions to the U.N. on how the practice of deeming violates the Convention of the Rights of Persons with Disabilities

October 11, 2019
Alanna Mihalj

The Ontario Network of Injured Workers’ Groups has challenged income deeming practices of Canadian workers' compensation boards in a submission to the United Nations Committee on the Rights of Persons with Disabilities.

WSIAT Confirms the Distinct Purposes of WSIA and OHSA As Applied to the Same Workplace Fatality

May 21, 2019
Ken Stuebing

A significant recent decision of the Workplace Safety and Insurance Appeals Tribunal concludes that the WSIB's Fatal Claims Premium Adjustment Policy does not violate the Canadian Charter of Rights and Freedoms.

Workplace Safety and Insurance Board v. Curtis: What is the Mental Element of the Failure to Report a Material Change?

February 11, 2019
Rachel Weiner

A Court of Appeal decision has clarified the mens rea of the offence of failing to report a material change in connection with benefit entitlement under the Workplace Safety and Insurance Act, 1997.

Revisiting the Decision-Review Process at the Licence Appeal Tribunal

February 11, 2019
Atif Akhtar

A recent decision of the Divisional Court affirmed that justice must not only be done at administrative agencies, but must also be seen to be done.

Welcome from the 2018-2019 OBA Workers' Compensation Section!

October 01, 2018
Michelle Alton,

A welcome message from our Chair and highlights of the Workers' Compensation Section's upcoming CPD programs!

Bona Fide WSIA Elections and Statutory Accident Benefits: S.H. v Northbridge Personal Insurance Corp.

October 01, 2018
Kayla Seyler

A recent decision of the Divisional Court discusses what constitutes an action not made primarily for the purpose of claiming benefits under the Statutory Accident Benefits Schedule (SABS) and how this interacts with the Workplace Safety and Insurance Act.

Ontario Court of Appeal Summaries (September 17 – 21, 2018)

September 24, 2018
John Polyzogopoulos

As everyone will have heard by now, the Court of Appeal stayed Justice Belobaba’s decision in Toronto (City) v. Ontario (Attorney General). Other topics this week included notice of termination in the context of a mass termination of employees, municipal liability for non-repair of a highway (two decisions), administrative law in the WSIB context, and causation in the medmal context.

Tracking Preferences

Articles 2022