In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…
Practice Area: Workplace Safety & Insurance
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Ontario Consultation on WSIB Surplus Distribution Model
Ontario has launched a Workplace Safety and Insurance Board (WSIB) Surplus Distribution Model consultation on how and when the WSIB should distribute any surplus funds. The Operational Review Report sets out 25 recommendations, one that proposes the government adopt a sufficiency ratio between 115% and 125% for the WSIB fund. At 115% sufficiency, the WSIB…
Appellate Court Upholds Jury Award of $150,000 Punitive Damages Against Employer
In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…
Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19
On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…
Adverse Reactions to COVID-19 Vaccines: Employers’ WSIB Reporting Obligations and Claim Costs
The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…
WSIA Calculation for Premium Payable by Employers for 2021 Amended
On April 14, 2021, Bill 238, Workplace Safety and Insurance Amendment Act, 2021, received Royal Assent and came into force. Bill 238 amends the Workplace Safety and Insurance Act, 1997 (WSIA) to add a calculation rate for the 2021 calendar year (or such later date as prescribed by regulation) for the Workplace Safety and Insurance…
Reaching Out – Fifteenth Edition
Dear Friends, We are back with another edition of Reaching Out. With 2020 behind us and some light at the end of the COVID-19 pandemic tunnel, we thought it appropriate to reconnect with our Social Services clients with a Spring edition of Reaching Out. We chose not to publish Reaching Out last year as we…
Larissa V. J. Putt
Larissa Putt is a labour and employment lawyer in Hicks Morley’s Waterloo office. She provides advice and representation to employers in both the private and public sectors on a wide range of labour and employment issues including grievance arbitration, labour disputes, collective bargaining and human rights advocacy work. She also provides employers with practical guidance on a wide array of statutory compliance related matters including employment standards compliance.
Ministry Consults on Extending Mandatory WSIB Coverage to Personal Support Workers and Developmental Support Workers
The Ministry of Labour, Training and Skills Development (Ministry) is seeking input on whether mandatory coverage under the Workplace Safety and Insurance Act, 1997 should be extended to Personal Support Workers (PSWs) and Developmental Support Workers (DSWs) under the Workplace Safety and Insurance Act, 1997. Specifically, the Ministry has set out the following questions in…