Articles 2019

On November 20, 2014 the Stronger Workplaces for a Stronger Economy Act, 2014 (formerly “Bill 18”) received Royal Assent. From an employer’s perspective, it is a curiously named piece of legislation.

WSIAT Decision No 1945/10 had already mapped a long legal battle laying the foundation for entitlement for gradual onset non-traumatic mental stress and the decision concerning the Charter challenge to the stress provisions of the legislation.

A Summary of the Martin v Alberta (Workers’ Compensation Board) Decision

One of the most important WSIAT decisions to be issued in recent memory, WSIAT Decision No. 2157/09, held that imposing restrictions on eligible mental conditions which are not imposed on physical injuries violates the equality provisions of section 15 of the Charter of Rights and Freedoms.

This article discusses Ontario Divisional Court decision 2014 ONSC 7289 dismissing an application for judicial review of WSIAT Decision No. 512/06, in which a majority of the Panel determined that a two year limit on LOE benefits for workers injured at age 63 or older is not contrary to subsection 15(1) of the Charter.

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.

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.

Ryan Conlin chaired an interesting discussion between Joe Morrison and Craig Flood regarding the intersection between human rights matters and workers’ compensation matters on October 1st. This article is a summary of the caselaw and points discussed during the evening program.

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.

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