Appeals

Challenges to Appeals Tribunal’s independence & expertise?

April 6, 2016

“Fair appeals for injured workers under threat, experts warn” / Sara Mojtehedzadeh (Toronto Star, Apr. 6, 2016) Workers’ compensation system is at a “critical moment” as backlogs and loss of expertise kick in at the Workplace Safety and Insurance Appeals Tribunal (WSIAT),…

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Questioning the state of administrative justice in Ontario’s workers’ compensation

October 15, 2015

A new series of articles by Ron Ellis Q.C., noted administrative law practitioner, academic and former Appeals Tribunal Chair, focuses on justice issues and disrespect for the rule of law in Ontario’s workers’ compensation administrative justice system. In the first, “Tribunal …

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Awaiting appeals

August 3, 2015

Appeal backlogs and delays, appointee terms, reconsideration powers … some of the issues facing Canadian workers’ compensation appeals tribunals. On Tuesday, the Ontario Ombudsman’s 2014-2015 Annual Report highlighted two matters of concern regarding the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Ontario…

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Judicial review of WSIAT decision on age discrimination

December 21, 2014

Ontario’s Divisional Court [Gouthro v Workplace Safety and Insurance Appeals Tribunal et al, 2014 ONSC 7289] has upheld the WSIAT decision 512/06 that the age limits on recovery for LOE benefits do not violate the Charter of Rights, arguing that as…

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Impact of harassment and chronic mental stress appeal decision unclear

November 20, 2014

The April 2014 WSIAT 2157/09 decision which allowed a claims appeal by a nurse who had faced 12 years of ongoing workplace harassment, still divides lawyers on its implications. In this case the Tribunal concluded that claims for work-related mental stress which…

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New federal appeals process for CPP disability benefits harming the most vulnerable

September 12, 2014

“Ottawa’s unjust approach to disability insurance” / Jackie Chen (Toronto Star, Sep. 12, 2014) “Creation of a new, inadequate Social Security Tribunal was a cut to federal disability insurance by stealth, at the expense of the most vulnerable”… Canada Pension Plan (CPP)…

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Traumatic work injury, 8 appeals, still waiting

January 11, 2013

“Injured worker fights 16-year battle with WSIB.” / Sarah Sacheli (Windsor Star, Jan. 10, 2013) Richard Owens, a department store manager shot during a robbery in 1996 at his workplace that made headlines at the time, is still fighting to have his…

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