WSIB Offset For Pre-Existing Condition: Thinking About Appealing?

November 2, 2016
Blog Post

In my previous blog post, Pre-Existing Impairments Offset from Non-economic Loss Awards and Impact Ongoing Benefits, I discussed the new Workplace Safety and Insurance Board (WSIB) policy 15-02-03 entitled ‘Pre-Existing Conditions’. This policy defines pre-existing conditions as ‘any condition that existed prior to a work-related injury/disease, and may include injuries, diseases, degenerative conditions, and psychiatric conditions.’ Although the Board issued an administrative practices document entitled ‘Pre-Existing Conditions’, it did not provide any insight into how decision-makers would implement the new policy in the decision-making process.

Bill C-16: A Further Step towards Protecting Transgender Canadians

October 27, 2016
Blog Post
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On May 17, 2016, the government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, sponsored by Ms. Jody Wilson-Raybould (Minister of Justice and Attorney General of Canada, Liberal). The purpose of this Bill is to include ‘gender identity’ and ‘gender expression’ as prohibited grounds of discrimination in the Canadian Human Rights Act (‘Act’); more specifically, to protect transgender individuals from discrimination.

For Your Eyes Only – Privacy and Digital Technology

September 21, 2016
Blog Post

With the proliferation of new technology and how entwined it is in our private lives, the courts have recognized the need to protect personal privacy in this sphere. When it comes to the electronic devices we use in the workplace, the law is still developing.

It’s All In Your Head! When Should You Report A Head Injury?

August 31, 2016
Blog Post

Sustaining a workplace head injury is one of the most serious of all on-the-job injuries. A blow or a jolt to the head can disrupt the normal function of the brain. This is called a brain injury or concussion. The severity of the injury may not be initially evident, therefore it should be reported to your employer and the Workplace Safety and Insurance Board (WSIB) right away.

Arbitrations vs. Trials: What’s the Difference?

August 23, 2016
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Many areas of the law utilize the Canadian court system and judges within that system to resolve their disputes. Should you ever have to go through this system, you will probably notice that it is very formalized, with many rules attached to every step of litigation. Arbitration, on the other hand, is a completely different way to resolve disputes. Here are three main differences between a trial and an arbitration.

How Could Phoenix Payroll Land the Feds in Hot Water? Let Us Count the Ways

August 8, 2016
Blog Post
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Since February, federal public service employees have been suffering a huge range of payroll problems as a result of the Federal Government switching to the new Phoenix payroll system. These payroll aberrations have put many employees in desperate situations. Unfortunately, these problems are neither new nor unique. Previous case law on these issues indicates that the Federal Government could face serious repercussions as a result of the Phoenix mess.

NS to Junior Hockey Players: Labour Protection? Who Needs It!

July 27, 2016
Blog Post

In December, I wrote about the challenges junior hockey players have faced in their attempt to unionize and enforce their basic employment rights, such as minimum wage. As though these attempts were not difficult enough, provincial governments have been actively trying to make it even harder for players to enforce even their minimum employment rights.