Articles

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.

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".

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.”

On December 10, 2015 the Ontario Government passed Bill 109, which significantly amends the Workplace Safety and Insurance Act, 1997 (WSIA).

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, Supporting Ontario’s First Responder’s Act (Posttraumatic Stress Disorder), 2016, moved quickly through the Legislature with support from all parties.

The Ontario Workplace Safety and Insurance system is about to undergo one of the most important changes in decades.