Statutory Bar — Ontario Employment Law

C. v. N.

Judicial Review: WSIB Statutory Bar & Course of Employment

This is a judicial review application concerning workplace health and safety and the statutory bar to civil actions under the Workplace Safety and Insurance Act, 1997. The Divisional Court reviewed the tribunal's decisions on whether the worker's offsite bank trip was in the course of employment, the reasonableness of refusing reconsideration, and the standard of review applicable to the tribunal's interpretation of its home statute.

C. v. Times Kitchen

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.

T. v. K.

This is a procedural ruling regarding jurisdiction in a workplace dispute involving allegations of harassment and defamation within the federal public service. The court determined that section 236 of the Federal Public Service Labour Relations Act bars court jurisdiction over such claims, requiring them to be addressed through the statutory grievance process, and that equitable doctrines like estoppel cannot override this statutory bar.

C. v. Ontario (Workplace Safety and

Judicial Review: WSIAT Statutory Bar Upheld

This is a judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that barred a civil action under section 28 of the Workplace Safety and Insurance Act. The Divisional Court upheld the Tribunal's decision as reasonable and procedurally fair, rejecting applicants' arguments regarding misapprehension of evidence and procedural unfairness.

M. v. WSIAT

Constructive Dismissal Barred by WSIA? Judicial Review

This is a judicial review of a WSIAT decision concerning whether a constructive dismissal claim is barred by the statutory bar in the Workplace Safety and Insurance Act. The Divisional Court found the WSIAT's application of the bar unreasonable, ruling that claims for aggravated, moral, and punitive damages for independent wrongs are not barred. The court permitted the applicant to pursue the constructive dismissal claim directly in court.

M. v. H.

Costs Ruling: WSIA Statutory Bar & Retroactive Registration

This is a costs ruling in a multi-party litigation where the plaintiffs' action was dismissed following a WSIAT decision finding the plaintiff was in the course of employment. The court awarded costs to the successful defendants on a partial indemnity scale, limited to the pleadings stage, to account for institutional delays and retroactive WSIB registration.

O. et. al. v Attorney General of Canada et. al.

RCMP Harassment Claims: Crown Liability Bar

This interlocutory appeal concerns a former RCMP member's claims for harassment, discrimination, assault, and sexual assault arising from her employment. The defendants sought leave to appeal a decision allowing the claims to proceed, arguing they were barred by section 9 of the Crown Liability and Proceedings Act. The court denied leave to appeal, finding no conflict in caselaw and allowing the claims for damages and Charter remedies to proceed at the pleadings stage.

D. v WSIB

WSIB Abuse of Process: Dismissal of Civil Actions

This is a procedural ruling dismissing actions as frivolous, vexatious, and an abuse of process. The plaintiff attempted to re-litigate denied workers' compensation claims by suing the WSIB and their employer in civil court, which is statutorily barred under the Workplace Safety and Insurance Act, 1997.

F. v. Cable Bridge Enterprises Limited

F. v. Cable Bridge: ESA s.97 Bar on Civil Action

This is an appeal to the Divisional Court from a Small Claims Court decision regarding a wrongful dismissal claim for severance pay. The central issue was whether section 97 of the Employment Standards Act, 2000, barred the civil action because the employee had filed a complaint with the Ministry of Labour. The court examined whether the complaint was properly filed and whether the statutory two-week withdrawal period could be extended.

Ontario Public Service Employees Union v. Ontario (Community Safety and Correctional Services)

This is a judicial review decision concerning the jurisdiction of a Grievance Settlement Board to award damages for workplace injuries covered by the Workers' Compensation Act. The Court of Appeal for Ontario determined that the Board lacked jurisdiction to award damages for compensable injuries under the collective agreement, as the statutory framework of the WCA and WSIA bars such fault-based claims regardless of whether they are framed in tort or contract.

L. v. Canadian Tire Corp. Ltd.

ESA Bar to Wrongful Dismissal Action: L. v. Canadian Tire

This proceeding determined whether a wrongful dismissal action was barred by subsection 97(2) of the Employment Standards Act, 2000, after the plaintiff had filed an ESA claim. The court also addressed whether the two-week period to withdraw an ESA claim under subsection 97(4) could be extended after a decision was rendered, concluding that the court lacked the authority to do so. Additionally, the court considered whether issue estoppel precluded the civil action but declined to apply it to avoid potential injustice.

A. v. Vali Orchard Pharmacy

Wrongful Dismissal: Statutory Bar & Intentional Torts

This case involves a motion for summary judgment in a wrongful dismissal case. The court addressed whether the plaintiff's civil claim was statute-barred by the Employment Standards Act, 2000, and whether intentional tort claims could proceed independently of the statutory claim. The court determined that intentional torts are independent of statutory wrongful dismissal claims and require a full evidentiary record.

M.F. v. The Royal Canadian Mounted Police

Constructive Dismissal: RCMP Pension Act Stay

This is an interlocutory proceeding determining whether claims for constructive dismissal and breach of contractual duties by an RCMP officer are barred by the Pension Act or the Crown Liability and Proceedings Act. The court analyzed whether the factual basis for the employment claims overlapped with pension entitlements, as the statutory bar does not extend to actions in contract unrelated to pension determination.

Canada (Attorney General) v. Y.

Y.: Statutory Bar on Workplace Tort Claims

This appeal concerns whether section 236(1) of the Public Service Labour Relations Act bars an employee's right to sue for defamation and other torts arising from workplace disputes, given that the grievance procedure under the collective agreement operates in lieu of any right of action. The Court of Appeal held that the statutory provision bars all workplace-related claims that are grievable under the Act. Additionally, the court declined to address constitutional challenges to the provision because they were not properly pleaded in the statement of claim.

M. v. 171185135 Ontario Inc.

Workplace Injury: WSIA Bar and Landlord Liability

This is a merits decision involving a workplace injury claim where the plaintiff was injured by a defective glass table. The court addressed whether the Workplace Safety and Insurance Act (WSIA) barred the action against the employer and determined the landlord's liability under the Occupiers’ Liability Act. The court awarded damages for general damages, past income loss, and medical expenses.

D. v. Babcock & Wilcox Canada Ltd.

Wrongful Dismissal: ESA Complaint and Civil Action Interaction

A wrongful dismissal case where the plaintiff filed an Employment Standards Act (ESA) complaint and later initiated a civil action. The court considered whether the failure to withdraw the ESA complaint within the statutory two-week period barred the civil action and whether inherent jurisdiction could be exercised to prevent injustice. The court found inherent jurisdiction exists and allowed the civil action to proceed due to special circumstances.

K. v. Canada (Attorney General of)

RCMP Officer's Tort Claim After Employment Settlement

A merits decision involving an RCMP officer who commenced a tort action for damages after settling his employment under the Crown Liability Act and receiving a pension from the Consolidated Revenue Fund. The court examined whether the plaintiff was statute-barred from bringing a tort action due to the settlement agreement and the statutory framework.

B. v. Longevity Acrylics Inc.

Stay of Proceedings: Workers' Compensation Act

This is a procedural ruling regarding a stay of proceedings and substantial benefits under the Workers' Compensation Act.

L. v. Transamerica Commercial Corp. Ltd. et al.

Workmen's Comp Board Jurisdiction: Section 8(11) Exemption

A judicial review concerning the jurisdiction of the Workmen's Compensation Board to determine if a defendant, not subject to the Act, is exempt from liability under section 8(11) of the Workmen's Compensation Act. The Board's jurisdiction was upheld based on statutory interpretation and prior case law, finding that the statutory language barred recovery for a plaintiff injured in a motor vehicle accident during employment.

Mack Trucks Manufacturing Co.v. Forget

Workplace Injury: Vicarious Liability & WC Bar

This is a judicial review and statutory interpretation case concerning whether a plaintiff injured in a motor vehicle accident while driving in the course of employment can recover damages from their employer under the Highway Traffic Act, or if such recovery is barred by the Workmen's Compensation Act. The Court of Appeal addressed the exclusive jurisdiction of the Workmen's Compensation Board to determine the applicability of the statutory bar and stayed the proceedings to allow the Board to make that determination. The case later reached the Supreme Court of Canada (Mack Trucks Manufacturing Co. v. Forget, [1974] SCR 788). The Supreme Court dismissed the appeal and affirmed the Court of Appeal's judgment. The Workmen's Compensation Board's right to sue the defendant stands, resulting in judgment for the plaintiff for the agreed damages.