Ontario Reintroduces Legislation Amending Workplace Laws (Formerly Bill 146)

On July 16, 2014, the Ontario government introduced Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 (“Bill 18”), proposed legislation that would, if passed, make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act,…

William LeMay Quoted in Law Times

Hicks Morley’s Will LeMay was quoted in the June 9, 2014 edition of Law Times in an article entitled “Lawyers divided on WSIB stress-claim ruling.” The article discusses a Workplace Safety and Insurance Appeals Tribunal panel decision that chronic workplace-related stress could be a valid claim under Ontario’s workplace insurance system, and that some of…

WSIAT Finds Limitations on Mental Stress Unconstitutional

On April 29, 2014, Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”) issued a significant decision regarding entitlement to benefits for chronic mental stress under the Workplace Safety and Insurance Act, 1997 (“WSIA“). In Decision No. 2157/09, the Tribunal found that the provisions in the WSIA limiting entitlement to mental stress that “arises from…

Ontario Moving Closer to Creating Statutory Presumption for PTSD Claims Made by Emergency Response Workers

Managing mental illness flowing from workers’ compensation claims may become more difficult for emergency management services employers in Ontario. On February 27, 2014, Bill 67, the Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014, passed Second Reading in the Ontario legislature with all-party support, and was referred to Committee for consideration. If passed,…

WSIB to Enforce Mandatory Construction Coverage Starting January 1, 2014

Effective January 1, 2014, the Workplace Safety and Insurance Board (“WSIB”) will begin enforcing mandatory coverage for certain categories of persons operating in the construction industry and prosecuting those persons who are not in compliance. This FTR Now provides the background to the recent amendments to the Workplace Safety and Insurance Act (“Act”) relating to…

Ontario Proposes Significant Changes to Workplace Laws

On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, 2013 (“Bill 146”). If passed, Bill 146 would make significant changes to a number of employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Occupational Health and Safety Act (“OHSA”) and the Workplace Safety and Insurance…

Significant ESA, WSIA, OHSA, LRA Amendments Proposed (Bill 146, Stronger Workplaces for a Stronger Economy Act)

On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, omnibus legislation that would, if passed, amend several key employment-related statutes, including the Employment Standards Act, 2000 (“ESA”), the Workplace Safety and Insurance Act, 1997 (“WSIA”), the Occupational Health and Safety Act (“OHSA”), the Labour Relations Act,…

WSIB Announces 2014 Premium Rates

On July 12, 2013, the WSIB announced that its premium rates for Schedule 1 employers will remain at current levels for 2014. The maximum insurable earnings ceiling for 2014 will be $84,100, an increase of 1.1% from $83,200 in 2013.

Worker Receiving WSIB Benefits Cannot Claim Monetary Relief under Collective Agreement

A recent arbitration decision considered the historic trade-off made through the enactment of workers’ compensation legislation in Ontario almost 100 years ago, when, in general terms, a worker was barred from suing his or her employer for a workplace accident or occupational disease, in exchange for which the worker would receive benefits from the (now)…