Hua v Estate of Deng

2017 ONSC 2010 (CanLII)Decided Workplace injury and workers' compensation

Summary

This is a procedural ruling on a motion to amend pleadings in a workplace injury context. The defendants sought leave to amend their Statement of Defence to assert that the plaintiff's action was barred under section 28 of the Workplace Safety and Insurance Act (WSIA) as the plaintiff was a Schedule 1 worker. The court considered whether the delay in seeking amendment caused prejudice and whether equitable principles like promissory estoppel precluded the statutory defence.

Outcome

motion to amend pleadings

Key Factors

  • WSIA statutory bar
  • amendment of pleadings
  • prejudice from delay
  • promissory estoppel
  • independent contractor vs employee

Related Cases

Douglas v. Babiar

2025 ONSC 7075 (CanLII) · 2025-12-19

Police Officer Tort Claim vs Discipline Proceedings

This is a procedural ruling on a motion to strike where the plaintiff, a police officer, sought to pursue tort claims linked to internal police discipline proceedings. The court determined it had residual jurisdiction because the dispute had moved beyond the collective agreement into the criminal justice system, and rejected arguments that statutory privilege barred the civil claims.

Toombs et al. v. Worksafe BC et al.

2025 ONSC 1988 (CanLII) · 2025-04-02

Class Action Costs: Workers' Compensation Dispute

This is a procedural ruling concerning costs and class action representation in a class action against provincial workers' compensation boards. The court addressed motions for funding legal costs, appointing amicus curiae, and compliance with class action rules, ultimately awarding costs to the successful defendants.

Chodha v. Times Kitchen

2024 ONSC 2384 (CanLII) · 2024-04-22

This is a procedural or substantive ruling concerning limitation periods and the discoverability rule in the context of a workplace accident. The case addresses the conflict between the Limitations Act, 2002 and the Workplace Safety and Insurance Act, 1997, specifically regarding reasonable accommodation and the statutory bar on civil suits for workplace injuries.

Toombs v. WorkSafe BC

2023 ONSC 4874 (CanLII) · 2023-08-25

This is a procedural ruling concerning contempt of court in the context of workplace safety and insurance subrogation under the Workplace Compensation Act.

Kumra v. Stagliano

2022 ONSC 5252 (CanLII) · 2022-09-15

Stay of Proceedings: Workplace Injury Statutory Bar

This is a procedural ruling regarding a stay of proceedings in a workplace injury context. The court addressed trial procedure and adjournments in the context of the statutory bar under the Workplace Safety and Insurance Act.

This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.