Conduct Extraneous to the Working Relationship Apart from the above issue, the next issue which frequently arises is whether the relevant conduct has taken place within the context of an…

Splitting the Case When reviewing issues of multiple proceedings through different forums, a further issue to be considered is the prohibition against “case splitting”. Presuming that the employee argues that…

Factual Estoppel Should the WC tribunal make findings of fact, the question of factual estoppel will arise. This is independent of the human rights statute and will rest on common…

Workers' Comp - Human Rights - Issue Estoppel - Same Question? Same Question The three elements of a successful issue estoppel test are as follows: (1) that the same question…

  Internal Appeal to be Satisfied Prior to Second Case? Certain cases have allowed the employee to bring a human rights complaint following the workers’ comp application based on the…

Workers' Comp: Charter Violation due to Age Discrimination? Ontario’s Workplace Safety and Insurance Act has recently been successfully challenged as being offside the Charter due to its failure to treat…

  Workers’ Comp & Human Rights: Challenges on a Grand Scale A challenge may be made through the human rights process on fundamental issues within the operating statute of workers’…

  Return to Work Issues: Workers' Comp vs Human Rights The human rights statute and the workers’ compensation process may each apply concurrently to such an issue as a return…

Workers Comp & Human Rights: The Interplay Issue 1 Concurrent Jurisdiction It is an accepted principle that there is concurrent jurisdiction between the workers’ compensation and human rights regime, absent…