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Aug 24, 2021

By Rob Boswell

Morningstar Rises Again. Ontario Divisional Court quashes WSIAT decision.

In November 2019, I reviewed a landmark decision of the WSIAT (Decision No. 1227/19) that, on an application by the employer to determine the right...

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Nov 21, 2019

By Rob Boswell

MORNINGSTAR LIGHTS THE WAY-WSIAT Rules No Right to Sue Employer for Constructive Dismissal Related to Workplace Harassment!

A landmark decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), Decision No. 1227/19, has taken away Judith Morningstar&rsqu...

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Mar 1, 2019

By Rob Boswell

NEW WSIB OPERATIONAL POLICY FOR MEDICAL CANNABIS

The WSIB has established an operational policy setting out guidelines for entitlement to, review of, and payment for medical cannabis under the Wor...

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Nov 28, 2017

By Rob Boswell

STRONGER, FAIRER ONTARIO ACT? Bill 177 Will Exponentially Increase Maximum Fines under OHSA and Broaden Mental Health Claims under WSIA

BS Good Letterhead (00054227.DOCX;1) On November 14, 2017, the Ontario Government introduced Bill 177, the Stronger, Fairer Ontario Act (Budget Mea...

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May 11, 2017

By Rob Boswell

Ontario to extend WSIB benefits for Chronic Workplace Stress

Affidavit of Service re transcripts (00110520.DOCX;1) On April 27, 2017, the Ontario Government introduced Bill 127 - the Stronger, Healthier Ontar...

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Dec 15, 2016

By Rob Boswell

Live Nation: Corporate Defendant Charged under OHSA Has Right to be Tried within Reasonable Time

On June 16, 2012 a stage constructed for a Radiohead concert at Downsview Park collapsed.  Thirty-three year old drum technician Scott Johnson...

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Mar 17, 2016

By Rob Boswell

Termination for Terminally Ill Employee: Frustration of Contract Prior to Death

An employee is diagnosed with a terminal illness.  He leaves work in May due to his illness, his employer sells its business in early Septembe...

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Feb 22, 2016

By Rob Boswell

Presumptive WSIB Entitlement for First Responders with PTSD

On February 18th, following the leads of Alberta and Manitoba, the Government of Ontario introduced Bill 163 – Supporting Ontario’s Fir...

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Apr 9, 2015

By Rob Boswell

WSIB Proposes New Premium Rate Framework

Following consultation processes led by Harry Arthurs and Doug Stanley over the past few years, earlier this week the WSIB has released a set of te...

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Dec 10, 2014

By Rob Boswell

Bill 56: Stage One of the Ontario Retirement Pension Plan

On December 8, 2014, in keeping with one of its major election items, Ontario’s Liberal Government introduced Bill 56, An Act to require the ...

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Jun 17, 2014

By Rob Boswell

Ontario Superior Court: Employer’s Out-of-Province Payroll is Relevant to ESA Severance Pay Threshold

As a result of subsection 64(1) of the Ontario Employment Standards Act, 2000, certain circumstances of a dismissal trigger an obligation on the em...

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May 29, 2014

By Rob Boswell

Ontario Court of Appeal: Wal-Mart Liable for the Bullying of an Employee by her Store Manager

Last week, the Ontario Court of Appeal issued its decision in the case of Meredith Boucher v. Wal-Mart Canada Corp and Jason Pinnock. We discu...

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May 13, 2014

By Rob Boswell

WSIAT: Limits to Entitlement for Mental Stress Violate the Charter

On April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal (the Tribunal) issued a much-anticipated decision addressing the constitutio...

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Mar 6, 2014

By Rob Boswell

Disclosure of Settlement on Facebook by Daughter Breached Confidentiality Clause

In yet another very public disclosure of the existence of a settlement agreement, the Third Circuit Court of Appeals of Florida last week overturne...

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Jun 14, 2013

By Rob Boswell

Random Drug and Alcohol Testing – Supreme Court of Canada releases Irving Pulp and Paper decision

This morning the Supreme Court of Canada released its decision in the matter of Communications, Energy and Paper Union of Canada, Local 30 v Irving...

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Jan 17, 2013

By Rob Boswell

Mandatory WSIB Coverage for all who Work in Construction

As of January 1, 2013, the amendments to the Workplace Safety and Insurance Act, 1997 as a result of Bill 119 are in force.  As we wrote in ou...

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Nov 29, 2012

By Rob Boswell

Holiday Parties and Workplace Accidents

With the holiday season upon us, and the likelihood that employers will be providing holiday lunches and off-site seasonal parties for their employ...

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Aug 30, 2012

By Rob Boswell

When a workplace accident happens away from the workplace

A newspaper article in the Toronto Star on July 4, 2012 reviewed a recent decision of the Appeals Branch of the Workplace Safety and Insurance Boar...

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