About Articles The following articles are published by the Workers' Compensation Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Michael Edmonds



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

  • March 20, 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".

Workers' Compensation
In the Course of Employment: When a Plaintiff Should Really be a WSIB Claimant

In the Course of Employment: When a Plaintiff Should Really be a WSIB Claimant

  • March 01, 2017
  • Karen E. Jacques

There are times when it is not immediately clear whether an injured party ought to be considered In the Course of Employment, and therefore required to seek compensation through WSIB benefits rather than through a civil action lawsuit. It is important for representatives on both sides of the equation to carefully consider this possibility at the earliest opportunity.

Practical Tips - PTSD Claims

Practical Tips - PTSD Claims

  • December 02, 2016
  • Cézanne Charlebois

Cézanne Charlebois discusses practical tips and important points to keep in mind when handling a PTSD claim. As Ms. Charlebois notes, PTSD should not be viewed as automatically equating to a complete disability from working. As with any injury or illness, offering appropriate accommodation early on is important for getting workers successfully back to work, and also for deterring malingering.

Workers' Compensation
New Causation Test for Occupational Disease: <em>British Columbia (Workers' Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25</em>

New Causation Test for Occupational Disease: British Columbia (Workers' Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25

  • October 21, 2016
  • Stephen C. Roberts

Mr. Roberts, a Certified Specialist in Workplace Safety and Insurance Law, reflects on a recent Supreme Court of Canada (SCC) decision. It is rare to see a Workers' Compensation matter before the SCC. In the BC v. Fraser Health matter, the SCC clarified the standard of proof for causation in occupational disease claims. Further, the SCC reinforced that a high degree of deference may be given to tribunal decisions for a judicial review regarding the "patently unreasonable" test.

Reluctance of Reconsidering Decisions

  • June 07, 2016
  • Michelle M. Lomazzo

Policy 11-01-14, Reconsiderations of Decisions, states, “The WSIB may reconsider any decision made by it and may confirm, amend or revoke the decision. The WSIB may do so at any time if the WSIB considers it advisable to do so.”

Privacy Law, Workers' Compensation

Bill 163: First Responders with PTSD

  • April 11, 2016
  • Stephen Roberts and Claire Bebbington

Bill 163, Supporting Ontario’s First Responder’s Act (Posttraumatic Stress Disorder), 2016, moved quickly through the Legislature with support from all parties.

Workers' Compensation