Workers' Compensation

The defendant moved to dismiss the plaintiff's action as frivolous, vexatious, or an abuse of process.

The self-represented plaintiff sought $2 million in damages against the WSIB for refusing to pay for an elbow brace and related grievances.

The court found the statement of claim to be prolix, incoherent, and disclosing no known cause of action.

Furthermore, the action duplicated an ongoing appeal from the plaintiff's provincial offences convictions for misleading the WSIB.

The action was dismissed with costs.

The defendants requested that the plaintiff's action be dismissed as frivolous, vexatious, or an abuse of process under Rule 2.1.01.

The plaintiff's claim related to an unsuccessful workers' compensation claim.

The court found the statement of claim appeared frivolous on its face and raised concerns about abusive litigation.

The court directed the registrar to issue a notice that it was considering dismissing the action and stayed the proceeding pending the outcome of the written hearing.

The Workplace Safety and Insurance Board (WSIB) brought a motion for summary judgment to dismiss the defendant's counterclaim.

The WSIB had previously obtained summary judgment on its claim for overpayment of benefits.

The defendant's counterclaim alleged that the WSIB mistakenly or unfairly dealt with medical evidence.

The court granted the WSIB's motion, finding that under sections 26 and 118 of the Workplace Safety and Insurance Act, 1997, the WSIB and its appeal tribunals have exclusive jurisdiction over the subject matter of the counterclaim.

The motion was granted without costs due to the WSIB's bifurcated approach to summary judgment.