HRTO Finds Availability of Different Remedies under a Different Proceeding not Determinative of Whether Substance of HRTO Application had been Appropriately Dealt With  

In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…

Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation

On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…

Ontario Launches First Aid Modernization Consultation

The Ministry of Labour, Training and Skills Development (Ministry) has launched a “First Aid Modernization” consultation on transferring the responsibility for first aid from the Workplace Safety and Insurance Board (WSIB) to the Ministry. Currently, the WSIB administers Regulation 1101, First Aid Requirements, made under the Workplace Safety and Insurance Act, 1997. Regulation 1101 applies…

OMHRA Spring 2020 ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers

The Spring 2020 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “Court Upholds Decision Finding Firefighter’s Heart Attack Was Not Work-related,” Jessica Toldo and Amanda Cohen discuss a recent decision of the Ontario Divisional Court, where it dismissed an application for judicial review of a decision by the Workplace Safety and Insurance Tribunal (WSIAT) denying benefits under the Workplace Safety and Insurance Act, 1997 to the estate of a firefighter who died of a heart attack in 2010.

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.

The Canadian Bar Association: Workers Compensation Law Program

Lawyers practicing workers’ compensation law are presented with unique ethical and professional dilemmas. What are the tactics and strategies lawyers should use to make a persuasive case within the ethical bounds of the practice of law? What ethical and professional considerations do WSIAT Adjudicators expect during a hearing, especially when it involves self-represented parties? Join our stellar faculty in their roundtable discussion about the influence of ethics in their practice, argument and interpretation of the law from the moment they obtain the claim file to closing arguments at WSIAT.

Appellate Court Upholds Finding that Injured Worker who Returned to Full-Time Work Entitled to Receive 100% FEL Benefits to Age 65

In Hydro Ottawa v. Ontario (Workplace Safety and Insurance Appeals Tribunal), the Divisional Court has upheld a decision of the Workplace Safety and Insurance Appeals Tribunal (Tribunal) that concluded an injured worker remained entitled to his 100% future economic loss (FEL) benefits until age 65 despite the fact he returned to full-time work in 2013….

WSIB Rate Framework Policies Finalized

The Workplace Safety and Insurance Board (WSIB) has finalized the following core policies which will support the new Rate Framework, to be implemented on January 1, 2020: Coverage Status The Classification Structure Single or Multiple Premium Rates Associated Employers Employer Level Premium Rate Setting Employer Premium Adjustment As previously reported, the WSIB held public consultations…

Introducing HR HealthCheck – Nurses and Presumptive PTSD Entitlement

Welcome to our first edition of HR HealthCheck, a publication geared to issues of specific interest of our clients in the healthcare sector. We hope you find the information set out below on the new presumptive entitlement for nurses who experience post-traumatic stress disorder (PTSD) helpful and informative. We look forward to bringing you more updates in the future.