A Review of the Demers Report on Using Scientific Evidence and Principles to Help Determine the Work-relatedness of Cancer February 14, 2022 Alec Farquhar Learn about the key recommendations from the Demers Report and how these recommendations are being implemented for workers compensation cases in Ontario to help determine the work-relatedness of cancer.
Review: Workers’ Compensation Case Law Update, Morningstar v WSIAT February 14, 2022 Julie Weller, Mathews Dinsdale The following paper provides a high level overview of the Morningstar v. WSIAT Case Law Update program. Helpful information was provided by both worker side and employer side representatives including an overview of the law now and helpful tips for workplace parties who find themselves representing clients before the WSIAT on a Section 31 Application based on a constructive action decision that is based on mental stress caused by harassment or bullying.
The 2021 Ron Ellis Award for Excellence in Workers’ Compensation Law February 14, 2022 Julia Noble, Office of the Counsel to the Chair, Workplace Safety and Insurance Appeals Tribunal Overview of the 2021 Ron Ellis Award for Excellence in Workers' Compensation Law Event on October 26, 2021 where Rosemarie McCutcheon, Chair of the Workplace Safety and Insurance Appeals Tribunal, received the award.
Child and Youth Privacy in the Education System February 14, 2022 Melanie McNaught This article summarizes a recent OBA Webinar regarding child and youth privacy, with a particular focus on privacy issues for school boards and educators.
WSIAT Stakeholder Event of January 27, 2022 February 14, 2022 Teresa Gianfelice, Office of the Worker Advisor Point-form summary of what was discussed at the Workplace Safety and Insurance Appeals Tribunal's (WSIAT or Tribunal) Stakeholder event on January 27, 2022.
Program Recap: COVID and the Family Court February 14, 2022 Jean-Frédéric (J-F) Hübsch This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.
Arbitrator Finds School Board Not Required to Reimburse Costs Arising from Transition to Remote Work February 14, 2022 Daniel Park In a recent award, an arbitrator found that Toronto District School Board was not required to reimburse costs that education workers incurred when they were required to work remotely due to the pandemic.
2021 Labour Law Decisions of Note: Beyond Vaccinations February 14, 2022 Rebecca Rossi, Fasken Martineau DuMoulin LLP This article discusses noteworthy labour law decisions of 2021. While the topic of mandatory vaccination policies has garnered significant attention from employers and lawmakers in the past year, there were several judicial developments independent of vaccination policies that employers and human resources practitioners should keep in mind.
Changing Tides for the Use of Intrusion upon Seclusion in Data Breach Class Actions February 14, 2022 Chloe Snider and Hala Abdul Ghani The common law tort of intrusion upon seclusion continues to develop, as does its use in the class action context. Chloe Snider and Hala Abdul Ghani explore four recent decisions that demonstrate a shift in the use of this tort in large data breach cases.
Patchett v Optimum, 2021 ONSC 8466: Interpretation of "catastrophic impairment" under SABS February 14, 2022 Ed Montigny Ms. Patchette appealed the decision made by the License Appeal Tribunal (“LAT”), finding that the appellant was not catastrophically impaired pursuant to sec. 3.1 (1) 2 iii of the STATUTORY ACCIDENTS BENEFITS SCHEDULE O reg 34/10 (“SABS”). This was the first time that sec. 3.1(1)2 iii of the Sabs was considered by LAT. The Appeal concerned the interpretation and application of s. 3.1(1) 2 iii of SABS, specifically the meaning of “permanent and serious.”