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

 

Today
Today

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

Mental Stress: Canadian Workers' Compensation Legislation

  • January 30, 2014
  • Ann Somerville

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.

Workers' Compensation