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: Sarah Schumacher

 

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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

Overview of the WSIB’s Approach to Time Limits

  • January 18, 2016
  • Cézanne Charlebois, M.A., LL.B

In 2012 and 2013, the WSIB undertook an overhaul of its Appeals Services Division to provide better, more accountable and more efficient service to all stakeholders.

Workers' Compensation

2015 Ron Ellis Award - Honouring David Wilken

  • November 16, 2015
  • Maryth Yachnin

On June 23, 2015, David Wilken received the Ron Ellis Award in recognition of his contribution to workers’ compensation law in Ontario.

Workers' Compensation

WSIAT Caselaw Update: Assessing the Impact

  • October 13, 2015
  • Sarah Schumacher

On September 16, 2015 the OBA Workers’ Compensation Law Section reprised the WSIAT caselaw update dinner program. Ryan Conlin from Stringer LLP chaired the event. Laura Russell from Matthews Dinsdale & Clark LLP provided the employer side perspective while Christine Davies from Sack Goldblatt Mitchell LLP provided the worker side perspective.

Workers' Compensation

Rate Framework Reform

  • October 05, 2015
  • Stephen Roberts and Claire Bebbington

The WSIB launched a consultation in March 2015 on the ‘Rate Framework Reform’ initiative. The WSIB held technical sessions with stakeholders in April to provide a detailed overview of the proposed preliminary Rate Framework Reforms and have requested feedback from stakeholders.

Workers' Compensation