Articles 2023

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

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

  • 12 novembre 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, Accidents de travail
Out with the Old, in with the (New) Rate Framework

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

  • 11 octobre 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, Accidents de travail

The duty to accommodate: does the origin of the disability matter?

  • 27 mars 2018
  • Nathalie Léger and Amy Nguyen

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. ”

Droit constitutionnel, libertés civiles et droits de la personne, Accidents de travail

It's Not a Treasure Hunt: A Judicial Review of a WSIAT Decision on what is "Reasonably Incidental to Employment"

  • 20 mars 2017
  • Dan Revington

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".

Accidents de travail