Constructive Dismissal and the Right to Sue: Morningstar v WSIAT et al, 2021 ONSC 5576

  • October 22, 2021
  • Michelle Alton and Rosie Basa, Tribunal Counsel Office, Workplace Safety and Insurance Appeals Tribunal

On August 18, 2021, a panel of the Divisional Court consisting of Justices Sachs, Backhouse and Kurke released its decision in Morningstar v. Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) et al.  

The Court quashed WSIAT Decisions No. 1227/19 and 1227/19R, which barred the applicant Morningstar’s civil claim for constructive dismissal and related damages pursuant to section 31 of the Workplace Safety and Insurance Act, 1997 (the “WSIA”).   The Court found that the decisions were unreasonable because they failed to resort to the tools offered by the policy behind the WSIA, the wording of the operative provisions of the WSIA, and the WSIAT’s own jurisprudence. 

The Respondent, Hospitality Fallsview Holdings Inc., Operating as Hilton Niagara Falls/Fallsview Hotel and Suites (“Hilton”), has now filed a notice of motion seeking leave to appeal at the Ontario Court of Appeal. 

While the motion for leave is pending at the Ontario Court of Appeal, right to sue applications at the WSIAT will proceed, subject to the discretion of the assigned Vice-Chair or Panel and submissions of the parties.