Toronto Star Newspapers Limited v. Workplace Safety and Insurance Appeals Tribunal, 2017 ONSC 4537 16 mars 2018 Michelle Alton The Divisional Court granted an employer's application for judicial review of a WSIAT decision. The Divisional Court also provided the employer with declaratory relief, and ordered that the WSIAT decision be quashed.
It's Not a Treasure Hunt: A Judicial Review of a WSIAT Decision on what is "Reasonably Incidental to Employment" 20 mars 2017 Dan Revington This insightful article highlights the deference the courts give to decisions of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), noting that review of a decision will be on the "organic whole, without a line-by-line treasure hunt for error." As an added bonus, the article also provides a reminder that remote work locations create exceptions for what will be considered "reasonably incidental to employment".
Update on Employer Issues: WSIB Rate Framework 01 mars 2017 Stephen C. Roberts Stephen C. Roberts of McTague Law Firm highlights some updates of interest to employers, regarding the Rate Framework.
Reluctance of Reconsidering Decisions 07 juin 2016 Michelle M. Lomazzo Policy 11-01-14, Reconsiderations of Decisions, states, “The WSIB may reconsider any decision made by it and may confirm, amend or revoke the decision. The WSIB may do so at any time if the WSIB considers it advisable to do so.”
New Legislation Addresses Survivor Benefits, Benefit Indexation & Claim Suppression 11 avril 2016 Andrew Cogswell On December 10, 2015 the Ontario Government passed Bill 109, which significantly amends the Workplace Safety and Insurance Act, 1997 (WSIA).
Fleming v. Massey: Court of Appeal Rules Worker's Waiver of Right to Sue Employer Void 11 avril 2016 Maryth Yachnin In Fleming v. Massey, 2016 ONCA 70 (CanLII), the Ontario Court of Appeal held that a worker cannot waive the right to sue their employer for negligence.
Bill 163: First Responders with PTSD 11 avril 2016 Stephen Roberts and Claire Bebbington Bill 163, Supporting Ontario’s First Responder’s Act (Posttraumatic Stress Disorder), 2016, moved quickly through the Legislature with support from all parties.
Experience Rating Revolution: Answers to Frequently Asked Questions about the WSIB’s Overhaul of How Employers Fund the System 21 janvier 2016 Ryan J. Conlin The Ontario Workplace Safety and Insurance system is about to undergo one of the most important changes in decades.
Overview of the WSIB’s Approach to Time Limits 18 janvier 2016 Cézanne Charlebois, M.A., LL.B In 2012 and 2013, the WSIB undertook an overhaul of its Appeals Services Division to provide better, more accountable and more efficient service to all stakeholders.
2015 Ron Ellis Award - Honouring David Wilken 16 novembre 2015 Maryth Yachnin On June 23, 2015, David Wilken received the Ron Ellis Award in recognition of his contribution to workers’ compensation law in Ontario.