Articles 2025

Please fine below our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 7, 2024.

The WSIB has updated its Gastrointestinal (GI) Cancer-Asbestos Exposure Policy, effective October 1, 2024. The revised policy establishes three criteria for entitlement for GI cancers related to workplace asbestos exposure and includes general pre-1987 asbestos exposure data for various occupations. This data may streamline entitlement for workers with five or more years of pre-1987 work in listed jobs. Additionally, the policy will apply retroactively to some previously decided cases.

The BC Supreme Court overturned a BC Workers’ Compensation Appeal Tribunal decision that denied a mental disorder claim, finding that the Tribunal unreasonably relied on an expert opinion and, as a result, failed to ensure procedural fairness. This case highlights the risks of relying on expert opinions that may be based on incomplete or inaccurate information and underscores the importance of providing experts with a full and accurate record of factual and medical history.

A recent WSIAT decision upheld an agreement under section 63 of the WSIA, resolving a worker’s appeal about her post-injury real estate income being offset against her LOE benefits. This case illustrates the complexities of concurrent employment, the importance of optional WSIB coverage for self-employment, and offers Schedule 2 employers a cost-effective option for resolving disputes through section 63 agreements.

The decision in Stewart v. Bay of Quinte Mutual Insurance Co. provides insights into the responsibilities of insurers, particularly in assessing the value of lost property and managing risks. As well, the decision highlights the discretion held by courts in allocating value to lost property, and the underlying public policy considerations in insurance contracts.

The Goods and Services Tax (GST) implications on loyalty rewards programs have been a subject of debate in Canada. Recent court rulings have shed light on how GST applies to loyalty programs, particularly those involving royalty points. The Tax Court of Canada (TCC) and Federal Court of Appeal (FCA) have made significant decisions in the cases of Toronto-Dominion Bank v. His Majesty the King and Canadian Imperial Bank of Commerce v. Canada.

In June 2023, the Federal Court of Appeal in Bowker v. Canada provided guidance on the appropriate amount of costs that an unsuccessful party should pay in an appeal to the Tax Court of Canada. This article will review the range of costs awarded by the Tax Court since the decision in Bowker and will briefly review whether two factors in particular correlate to higher costs awards: the litigation conduct of the losing party and the amounts at issue in the appeal.