Articles 2023

An interesting workers’ compensation case is at the Supreme Court of Canada. Davis v. WorkSafe BC [2013] SCCA No. 432 was filed as a leave to appeal case on December 9, 2013. The case on the surface is about the standard of review. But buried deep down is the more the perplexing question that has vexed workers’ compensation practitioners since Meredith filed his first report: should workers’ compensation cases be resolved before a jury of one’s peers?

Bill 146, the Stronger Workplaces for a Stronger Economy Act, proposes changes to many of Ontario’s employment related statutes. The proposed amendments to the Workplace Safety and Insurance Act will affect employers that contract for the services of temporary agency workers. The proposed amendments would shift the premium and accident costs for temporary agency workers from the temporary agency to the client employer which has contracted with the agency.

This article surveys legislation concerning entitlement for mental stress across Canada and reviews Plesner, the only court case to date discussing both the Charter and stress provisions of provincial legislation.

After satisfying an insurance policy’s rigorous requirements for appealing a workers’ compensation claim, injured workers can be left responsible for their legal fees.

The OBA Workers’ Compensation Section recently hosted a panel of three experts to discuss the ongoing challenges in managing a busy WSIB law practice.