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…

Details about WSIB Reimbursement Process for Paid IDEL Now Available

On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….

Ontario Municipal Human Resources Association (OMHRA) Virtual One-Day Symposium Series: Managing Change in Fluid Environments

Overview Working from Home is one Change that is likely to Stay – 9:15 p.m. – 10:30 p.m. Presentation by: John Saunders and Lucy Wu Agenda This presentation will discuss how the post-pandemic world might operate and what the legal and practical issues you will face. In particular, they will discuss the following topics: The…

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…

COVID-19 Update: Certain Businesses Permitted to Reopen, and More

In this FTR Now: Province allows businesses to reopen; Ontario announces workplace health and safety guidance; Ontario expands the list of essential workers eligible to receive free emergency child care; Further amendments to the Employment Insurance Act and New Canada Emergency Student Benefit; and more!