Articles

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

 

Today
Today

Limitations on Benefits for Workers Over the Age of 63: A Review of Recent Workplace Safety and Insurance Appeals Tribunal Decisions

  • December 17, 2014
  • Lisa Ostrom

As the number of individuals over the age of 65 continues to rise, the issue of entitlement to loss of earnings benefits for injured workers over the age of 63 is becoming increasingly relevant. Accordingly, this article will review two recent Workplace Safety and Insurance Appeals Tribunal decisions that have been released since the split decision in Tribunal Decision No. 512/06.

Workers' Compensation

2014 Ron Ellis Award: Honouring Laura Russell

  • December 04, 2014
  • Ann Somerville

Laura Russell was presented with the 2014 Ron Ellis Award at the Awards Dinner on June 17, 2014 in recognition of her outstanding contribution to workers' compensation in Ontario.

Workers' Compensation

Human rights claims against the WSIB: Evolving caselaw

  • August 18, 2014
  • Maryth Yachnin

In recent decisions of the Human Rights Tribunal of Ontario (HRTO), decision-makers have provided clarification about where it is appropriate for the HRTO to hear claims of discriminatory conduct by the WSIB.

Workers' Compensation

The Clothing Allowance Appeals

  • June 18, 2014
  • Joel Schwartz

Defining the scope of the Tribunal’s supervisory jurisdiction over Board policy.

Workers' Compensation

Pre-Existing Conditions Policy

  • June 18, 2014
  • Michelle Lomazzo

WSIB joins other jurisdictions in developing policy specific to adjudicating claims where pre-existing conditions are present.

Workers' Compensation

Divisional Court Dismisses Judicial Review of WSIAT Decision

  • April 28, 2014
  • John Bartolomeo

The Tribunal has continued its near flawless run on judicial review applications. In late December of 2013, the Divisional Court dismissed an application for judicial review of the Tribunal’s decision regarding a right to sue application in Dicks,(Ontario) Workplace Safety and Insurance Appeals Tribunal v. Bellissimo.

Workers' Compensation

Case Note: Davis v. WorkSafe BC

  • April 28, 2014
  • Michael Zacks

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?

Workers' Compensation

Bill 146: Proposed Changes to the WSIA

  • April 28, 2014
  • Ryan Conlin and Jessica Young

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.

Workers' Compensation