Re Terzian et al. and Workmen's Compensation Board et al.

1983 CanLII 1834 (ON SC)Decided Workplace injury and workers' compensation

Workers' Comp: Right to Sue vs Charter Rights

Summary

This is a constitutional challenge concerning the validity of workers' compensation legislation that removes the right to sue for workplace injuries. The court examined whether removing the right to bring an action for damages violates the right to 'security of the person' under section 7 of the Charter and whether such removal is justified under section 1. The court also addressed jurisdictional issues regarding the administrative tribunal's authority under section 96 of the Constitution Act, 1867.

Outcome

Provisions justified under section 1 of the Charter; Board's jurisdiction upheld.

Key Factors

  • workers' compensation
  • right to sue
  • Charter section 7
  • security of the person
  • Constitution Act section 96

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