Workers Compensation — Ontario Employment Law

L. v. K.

This is a judicial review application concerning the Workplace Safety and Insurance Appeals Tribunal's (WSIAT) decisions on workers' compensation matters. The applicant challenged the tribunal's procedural fairness in separating Charter and Human Rights Code issues, its jurisdiction to defer entitlements pending WSIB review, the use of medical discussion papers, and allegations of bias. The Divisional Court found the tribunal's processes reasonable, fair, and consistent with the WSIA.

K. v. Workplace Safety and Insurance Appeals Tribunal

Judicial Review of WSIAT Decision on Workplace Injury

This is a judicial review application concerning the reasonableness of the WSIAT's decision on a worker's entitlement to compensation for workplace injuries. The Divisional Court reviewed the Tribunal's assessment of medical evidence and its refusal to grant reconsideration.

Toronto Transit Commission v. B. et al.

WSIB Settlement Approval Judicial Review

This is a judicial review of a WSIB decision approving a worker's settlement under the Workplace Safety and Insurance Act, 1997. The Divisional Court applied the reasonableness standard under the Vavilov framework to determine whether the WSIB's interpretation of the statutory requirement for pre-settlement approval was valid. The court reviewed the WSIB's discretion to approve the settlement three years after it was made, and whether the decision was reasonable and consistent with the Act's remedial purpose.

T. et al. v. Worksafe BC et al.

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.

W. v. Workplace Safety and Insurance Appeals Tribunal

Judicial Review: WSIA Tribunal Decision Upheld

This is a judicial review application concerning the Workplace Safety and Insurance Appeals Tribunal's decisions on loss of earnings benefits for a workplace injury. The Divisional Court reviewed the Tribunal's interpretation of the Workplace Safety and Insurance Act, 1997, specifically regarding Labour Market Re-entry plans and the exclusion of non-compensable conditions, applying the reasonableness standard.

Toronto (City) v. WSIAT

Judicial Review: WSIAT Decision Quashed for Unreasonableness

This is a judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal (WSIAT) concerning a workers' compensation claim for a firefighter. The Divisional Court quashed the Tribunal's decision as unreasonable because it refused to consider evidence of work-relatedness and misinterpreted the rebuttable presumption under s. 15.1(4) of the Workplace Safety and Insurance Act.

Irving Consumer Products Limited v. S.

Judicial Review: WSIA Bar on Suing Employer

This is a judicial review of a WSIAT decision concerning the statutory bar on actions under the Workplace Safety and Insurance Act (WSIA). The Divisional Court addressed whether constitutional extra-territoriality limits Ontario's bar on suing employers and workers, finding that such a constraint is untenable. The court set aside the WSIAT's decision for failing to apply modern statutory interpretation and remitted the matter.

G. v. Workplace Safety and Insurance Appeals Tribunal

This is a judicial review application concerning the Workplace Safety and Insurance Appeals Tribunal, specifically addressing procedural fairness and the granting of leave to intervene. The court examined whether proposed interveners had sufficient interest and distinct perspective, and ruled on the appropriateness of limiting their submissions and prohibiting the supplementation of the evidentiary record to ensure fairness.

E. v. Workplace Safety and Insurance Appeals Tribunal

Judicial Review: WSIA Tribunal LOE Benefits Denial

This is a judicial review application concerning the Workplace Safety and Insurance Appeals Tribunal's denial of Loss of Earnings (LOE) benefits. The Divisional Court assessed whether the Tribunal's application of the 'significant contributing cause' test and its findings on causation were reasonable under the standard set in Canada v. Vavilov. The Court found the Tribunal's reasoning coherent and grounded in factual constraints, resulting in the dismissal of the application.

D.C. v. Canada Post

Judicial Review of WSIAT Decision: Workers' Comp Benefits

This is a judicial review of WSIAT decisions concerning entitlement to workers' compensation benefits and arrears for an employee of Canada Post. The Divisional Court examined whether the tribunal's decisions on causal connection to injuries and wage loss were reasonable, and whether the tribunal provided adequate reasons and properly refused reconsideration. The application for judicial review was dismissed.

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.

P. v. Workplace Safety and Insurance Appeals Tribunal

Judicial Review: Workers' Comp Psychological Impairment

This is a judicial review application concerning the entitlement to workers' compensation benefits for a psychological impairment. The Divisional Court applied a reasonableness review under Vavilov, addressing whether the Tribunal reasonably rejected post-decision medical reports and correctly applied the 'significant contributing factor' causation standard.

T. v. WorkSafe BC

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

G. v Workplace Safety and Insurance Board

WSIB Indexation Decision Unreasonable: Judicial Review

This is a judicial review of a WSIB decision that prevented an objection regarding the indexation of benefits from proceeding to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). The Divisional Court found the WSIB's decision unreasonable for failing to comply with the statutory process under the Workplace Safety and Insurance Act, 1997, specifically section 126, which requires WSIAT review of policy inconsistencies before judicial intervention.

City of Toronto v WSIAT and B.

Judicial Review: Firefighter PTSD Benefits Claim

A judicial review of the Workplace Safety and Insurance Appeals Tribunal's decision granting loss of earnings benefits to a firefighter diagnosed with PTSD. The Divisional Court examined whether the Tribunal reasonably interpreted section 43(1) of the Workplace Safety and Insurance Act, 1997 by applying the 'worker conduct' test to determine if the PTSD significantly contributed to the worker's post-termination wage loss.

D. v 3150 Hawthorne Road Ltd.

Judicial Review: Workers' Comp Bar to Sue

This is a judicial review application challenging a tribunal's determination that the plaintiff was barred from suing their employer for a workplace injury under the Workplace Safety and Insurance Act, 1997. The Divisional Court reviewed the tribunal's finding that the employer was a Schedule 1 employer and the injury occurred in the course of employment, concerning the statutory bar to civil action.

M. v WSIAT and Aramark Food Services

Judicial Review: WSIAT Mental Stress Benefits Denial

This is a judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal (WSIAT) concerning an applicant's claim for mental stress benefits under the Workplace Safety and Insurance Act (WSIA). The Divisional Court examined whether the Tribunal's decision to deny benefits for chronic and traumatic mental stress, caused by employer decisions and alleged workplace harassment, was reasonable. The review focused on the Tribunal's interpretation of WSIA provisions regarding mental stress exclusions and its assessment of evidence linking workplace incidents to psychological impairment.

L. v. (Ontario) Workplace Safety and Insurance Appeals Tribunal

This is a judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal concerning the applicant's entitlement to workers' compensation benefits for left shoulder injuries. The Divisional Court examined whether the Tribunal's findings on causation and its assessment of conflicting medical evidence were reasonable under the Vavilov framework, specifically addressing the causal link between the workplace accident and the impingement.

P. v. Workplace Safety and Insurance Appeals Tribunal

Judicial Review: Delay in WSIB Appeal

This is a judicial review proceeding concerning an application to the Divisional Court to review a decision of the Workplace Safety and Insurance Appeals Tribunal. The central issue was whether the application should be dismissed for delay, specifically addressing a four-month delay during the COVID-19 pandemic. The Court refused the motion to dismiss, finding the delay was not inordinate and no prejudice was established.