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



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

  • March 27, 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. ”

Constitutional, Civil Liberties and Human Rights Law, Workers' Compensation

WSIB Found Liable for Human Rights Violations Against an Injured Worker

  • November 10, 2017
  • Ryan J. Conlin, Partner, Stringer LLP Management Lawyers

In a rare decision, the Human Rights Tribunal found that the Workplace Safety and Insurance Board (WSIB) failed to accommodate a worker’s disability in terms of the way in which the claim was handled. The case includes lessons for the broader community, particularly in light of the revised WSIB mental stress policies which will take effect come January 2018.

Workers' Compensation, Student Forum

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