Aird. v. WSIB, Aird v. WSIAT

2010 ONSC 3600 (CanLII)Decided Workplace injury and workers' compensation

WSIB Jurisdiction: Court Dismissal of Workplace Injury Claims

Summary

This is a procedural ruling on whether the Superior Court of Justice has jurisdiction to review decisions made by the WSIB and WSIAT regarding workplace injury claims. The court addressed allegations of tortious conduct and abuse of process, ultimately dismissing the claims as failing to disclose a reasonable cause of action due to the statutory exclusivity of the workers' compensation scheme.

Outcome

claims dismissed

Key Factors

  • exclusive jurisdiction of WSIB and WSIAT
  • statutory bar on civil actions
  • abuse of process
  • failure to disclose reasonable cause of action
  • immunity of administrative tribunals

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