Articles 2023

Aujourdʼhui
Aujourdʼhui

Decision No. 240/22I: Finding discretion in a statutory "must"

  • 14 avril 2023
  • Kira Clarke

This article reviews the finding in Decision No. 240/22I that the statutory requirement within section 13.1(5) -- that a worker "must" file a claim by July 1, 2018 -- is not mandatory. The article examines how the Vice-Chair goes on to read discretion into the statutory language.

Student Forum, Accidents de travail

Reminders on the Use of Expert Reports from Decision No. 1483/21

  • 02 mars 2023
  • Alanna Mihalj

This article highlights Decision No. 1483/21 as a reminder to advocates of the documents that must accompany an expert report. Without the appropriate accompanying documents, advocates risk their expert reports being given little or no weight in the weighing of evidence.

Student Forum, Accidents de travail

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