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Kelly + Singh Lawyers LLP > Posts tagged "WSIB"

The Highs And Lows Of The WSIB’s New Cannabis Policy

medical cannabis prescription declined by WSIB

With the legalization of cannabis in Canada, the Ontario Workplace Safety and Insurance Board (WSIB) has finally addressed the use of medical cannabis for treatment of work-related injuries in the Policy Manual document issued on March 1, 2019.  Noting that legalization of cannabis for medical use arrived in Canada in 2001, it has only taken the WSIB eighteen years to catch up. We finally have guidelines on when medical cannabis may be paid for by the WSIB.  The policy starts off with following statement: "Medical cannabis is not necessary, appropriate, or sufficient health care treatment for most medical conditions due to...

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Mental Injury Saadati v. Moorhead

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence.   The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury.   The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

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Chronic Stress From Workplace Bullying Now Recognised By The WSIB

WSIB Workplace Bullying

1)  Bullying Is No Joke - It Can Have Serious Detrimental Health Effects It has become clear from the flood of media reports in recent times that harassment and bullying is not just a grade school problem, but something that can infect workplaces everywhere.  This kind of conduct can inflict serious mental stress and psychological problems upon victims of workplace abuse. 2) WSIB Could Not Be Claimed For Chronic Mental Stress Caused By Workplace Bullying - In Fact The WSIB Specifically Excluded It For years Ontario’s workplace compensation would not allow such individuals to make claims for compensation, even though it was a...

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The “Gig Economy” And The Perils Of Being An “Independent Contractor”

Gig Economy

With the rise of the new gig economy, and companies that use a digital platform to link people to services, a growing class of "independent contractors" is emerging in Ontario's labour market. These positions boast of self-employed like advantages, chose your own hours, refuse jobs as you like, however the greater advantage is had by the platform. By identifying their workforce as "independent contractors" companies can avoid the legislative protections afforded by the Employment Standards Act. Calling someone an independent contractor is a way some companies try to get around all of those obligations. These obligations include deducting income tax, CPP and Employment...

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