Category Archives: FEATURED NEWS

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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WSIB IS BOUND BY THE LAW

In his letter to the Toronto Star in response to Sara Mojtehedzadeh’s November 14th article on the subject of the mentally ill being denied WSIB benefits – the letter that was published November 16 – the WSIB’s Chief Operating Officer effectively takes the position that because the Board “is bound by the law” it has View Post

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Administrative Justice – Thin Skull Law, and Thin Skull Abrogation at the Ontario WSIB, TWO MEMOS ON OFFER FREE OF CHARGE

THE OFFER Copies of the following two memos by this author may be obtained at no charge by an email request addressed to sronaldellis@gmail.com: (1) An 11-page memorandum describing the law governing the thin skull doctrine in its application in Ontario’s workers’ compensation system (with supporting jurisprudence cited and quoted), and (2) a 13-page memorandum in which View Post

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Administrative Justice – WSIB not telling it the way it is when it comes to the thin skull rule

The following is a letter the author submitted to the editor of the Toronto Star on July 24, 2106.   Since the Star elected not to publish it, I thought I might share it with the visitors to this site. July 24, 2016 Editor, Toronto Star In the Star’s July 21st article by Sara Mojtehedzadeh on the View Post

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Administrative Justice – WSIB ‘paper doctors’ – Not a Systemic Problem? HANG ON A MINUTE.

INTRODUCTION On Sunday July 10,  the Toronto Star’s front-page headline read: WSIB review defends use of ‘paper doctors’. The reference to the Ontario WSIB’s “paper doctors” first appeared in a November 2015 report by the Ontario Federation of Labour and the Ontario Network of Injured Workers’ Groups entitled “Prescription Overruled”.   That report alleged that View Post

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Administrative justice – op ed article English version, and reaction to WSIAT Chair Mystery

The reaction of one experienced workers’ comp advocate to the WSIAT Chair Mystery exposé :  That can’t be right, $ 140,000 per year? Some senior Appeals Officers at  the WSIB earn close to that amount.  Perhaps it comes with a huge severance package, pension benefits etc. That must be it, has to be. As if View Post

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