work Tag Archives

Justice for Injured Workers: Loss of Competitive Advantage Awards

Saw blade set in tree stump

Income Loss Claims Given that general damage awards are capped in Canada, income loss claims can often make up a sizeable portion of damage awards. Income loss quantification is usually straightforward, particularly when a Plaintiff has had a settled line of work over an established period of time. If they are no longer able to continue working due to a personal injury, their past income …

Total Disability: Not So Total After All!

Total Disability: Not So Total After All

Insurance companies often argue that if a person can do part-time work, then they are not “Totally Disabled”. Or, if a person can do some job tasks, then they are not “Totally Disabled”. This makes sense on its face, but these arguments are wrong in law! Courts and Arbitrators have found that “Total Disability” and “Complete Inability” are legal terms of art and, as such, they should not be interpreted literally.

Diagnosis Denied: “Systemic Disregard” for Medical Assessments of Injured Workers

In November 2015, the Ontario Federation of Labour (“OFL”) and the Ontario Network of Injured Workers’ Groups released Prescription Over-Ruled, a report criticising how the Workplace Safety and Insurance Board (“WSIB”) evaluates medical evidence when it processes claims. The OFL is Canada’s largest provincial labour federation and represents roughly one million workers. Their report alleges that the WSIB ignores medical evidence and opinions when it is …

Injured at work: How the employee-employer relationship affects the right to sue

construction worker at a dangerous job site

If you are injured while working, determining whether you are a worker or an independent operator is a critical question that could decide your right to sue for damages. Although a third party can still be sued, the Workplace Safety and Insurance Act, 1997 (WSIA) denies a worker’s right to sue their employer(s) if that worker is in the course of their employment when injured. …

Malfara v. Vukojevic, 2015 ONSC 78

Released January 8, 2015 | CanLII This case contains a good refresher on the principles which will be considered in threshold motions.  Justice Firestone set out the following principles: the trial judge is not bound by the jury’s verdict, but is a factor he or she can consider in determining the threshold motion; “permanent” does not necessarily mean forever until death; a permanent impairment is a weakened …