Category Archives: FEATURED NEWS

Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they Mean? – Part IV – Adjudicative Principles Policies

THE WSIB POWER IMPLANTS – PART IV           POLICIES CONCERNING             DIFFERENTIAL  EVIDENTIARY REQUIREMENTS AND ADJUDICATIVE PRINCIPLES INTRODUCTION This is my fourth, and last, post on the WSIB’s four, mysterious power implants inserted in Ontario’s WSIA by means of the “Stronger, Healthier Ontario Act (Budget Measures), View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they Mean? – Part III – Adjudicative Principles Policies

THE WSIB POWER IMPLANTS – PART III           POLICIES CONCERNING             ADJUDICATIVE PRINCIPLES INTRODUCTION This is my third post on the WSIB’s four, mysterious power implants inserted in Ontario’s WSIA by means of the “Stronger, Healthier Ontario Act (Budget Measures), 2017 in Schedule 33 of Bill View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – What do they do? – Part II – EVIDENTIARY REQUIREMENTS POLICIES

THE WSIB POWER IMPLANTS – PART II EVIDENTIARY REQUIREMENTS POLICIES INTRODUCTION This is my second post on the WSIB’s four, mysterious  power implants which Schedule 33 of Bill 127 has added to Ontario’s WSIA by means of the “Stronger, Healthier Ontario Act (Budget Measures), 2017”.  For a description of all four of those implants see View Post

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Ontario’s WSIB and the Bill 127 Amendments – The power implants – Why are they needed? Part I

THE WSIB POWER IMPLANTS INTRODUCTION Schedule 33 of Bill 127,  the “Stronger, Healthier Ontario Act (Budget Measures), 2017”, will amend the Ontario Workplace Safety and Insurance Act in a number of ways, many of them apparently positive from an injured worker’s perspective – the addition of chronic mental stress benefits, increases in various minimum amounts, View Post

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Unjust by Design – still out there …

In the March 2017 issue of the Canadian Journal of Administrative Law & Practice (vol. 30, pp 119-144) one will find an article written by Andrew Taillon (of the Nova Scotia Department of Justice) entitled: “To the Rescue: The Grievance Arbitration Model as a Solution to Canada’s Unjust by Design Administrative Justice System Problem”. That View Post

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WSIB AND SOME OF THE EVIDENCE IT WILL HAVE TO CONFRONT IN CASTRILLO

INTRODUCTION The author’s March 10, 2017, post in this website described the highlights and implications of the Court of Appeal decision in Castrillo, the Fink & Bornstein class action against Ontario’s WSIB. The class action claims that the Board was guilty of misfeasance in public office when, from circa January 2012 to November 2014, it View Post

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WSIB and the Ontario Court of Appeal decision in the Castrillo Class Action

INTRODUCTION It seems likely that visitors to this site will have heard about, or, indeed, have read, the Court of Appeal’s February 13, 2017, decision in Fink & Bornstein’s class action against the WSIB  – Pietro Castrillo v. Workplace Safety and Insurance Board (Mr. Castrillo being the representative plaintiff) . It may be found at this View Post

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Workers’ Compensation Chronic Stress Benefits Remain in Limbo as Ontario Ombudsman Refuses to Investigate

THE PETITION On November 7, 2016, three Toronto workers’ compensation legal clinics (IWC, IAVGO, WHSLC), workers’ compensation lawyer, Gary Newhouse, and this author, formally petitioned the Ontario Ombudsman to investigate the WSIB’s  systemic denial of chronic mental stress injury claims. The grounds for this petition was the WSIB’s persistence in continuing to apply statutory prohibitions of View Post

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Tribunal Adjudication – The overwhelming importance of Oral hearings

TRIBUNAL DECISION-MAKING THE INFLUENCE OF ORAL HEARINGS ON OUTCOMES AN EMPIRICAL STUDY What would happen if one could take the exact same claim for a statutory benefit and have it adjudicated multiple times by a large number of different appeals tribunal adjudicative panels, some of whom are asked to decide the case on the basis View Post

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Adjudicative Tribunals – Unconscionable Delays in Appointments – Ontario Auditor General Reports

You may have heard that the Ontario’s Auditor General has reported at length on disastrous delays in OIC appointments to tribunals, boards and agencies – another indicator on a long list of indicators of this government’s disrespect and neglect of adjudicative tribunals and their members. It is a detailed report but conveniently its substantive content View Post

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