Workplace Safety and Insurance Law

The applicant filed a human rights application alleging discrimination and failure to accommodate following a work-related injury.

The respondent requested that the application be deferred because the applicant had ongoing proceedings before the Workplace Safety and Insurance Board (WSIB) arising from the same facts.

The Tribunal found significant overlap in the factual and remedial issues between the WSIB appeals and the human rights application.

To avoid the risk of inconsistent findings and double recovery, the Tribunal ordered that the application be deferred pending the resolution of the WSIB proceedings.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, following a workplace injury and subsequent disputes over accommodation.

The applicant also had an outstanding claim with the Workplace Safety and Insurance Board (WSIB) regarding loss of earnings.

The Tribunal considered whether to defer the application pending the resolution of the WSIB proceedings.

Finding a sufficient overlap of facts and issues, particularly regarding the claim for loss of earnings, the Tribunal ordered the application deferred until the WSIB proceedings are resolved.

The applicant filed a human rights application alleging discrimination on the basis of disability regarding modified duties and termination of employment.

The Tribunal issued a Notice of Intent to Defer consideration of the application pending the outcome of the applicant's related appeal before the Workplace Safety and Insurance Board (WSIB).

Finding considerable overlap in the issues, including whether the respondent offered suitable work and accommodated the applicant to the point of undue hardship, the Tribunal ordered the application deferred until the WSIB Appeals Resolution Officer issues a final decision.

The applicant, an injured worker and self-identified atheist, alleged discrimination on the grounds of disability and creed after her employer required her to participate in the Salvation Army Kettle Campaign as part of a modified return to work program.

When she objected, the WSIB determined she would lose her loss of earnings benefits if she refused the assignment.

The WSIB requested that the human rights application be dismissed or deferred pending the applicant's objection to the WSIB Appeals Branch.

The Tribunal deferred the application until the WSIB Appeals Resolution Officer determines the objection, noting significant overlap in the issues.

The applicant filed an application alleging discrimination on the basis of disability regarding the denial of benefits under the Workplace Safety and Insurance Act.

The respondent requested that the application be dismissed for lack of jurisdiction or deferred pending the resolution of the applicant's ongoing WSIA appeal.

The applicant did not respond to the request.

The Tribunal deferred the application to avoid concurrent proceedings dealing with the same facts or issues, noting that the jurisdictional objection would be addressed if the application is brought back on.

The applicant filed a human rights application alleging discrimination with respect to services because of disability and sex, after the WSIB denied him benefits for a psychological condition.

The WSIB had applied its policy requiring a psychotraumatic disability to become manifest within five years of the injury.

The applicant argued the policy discriminated against men, who experience and report depression differently than women.

The Tribunal held a summary hearing and dismissed the application, finding it had no reasonable prospect of success because the applicant's core argument was a factual dispute that the WSIB had misapplied its policy to his case, rather than a claim that the policy itself had an adverse impact on him.

The applicant filed a Request for Order During Proceedings to reactivate her human rights application, which had been deferred pending the outcome of related Workplace Safety and Insurance Board (WSIB) proceedings.

The applicant argued that the WSIB process was lengthy and had denied her Loss of Earnings benefits for a specific period, a decision she was appealing.

The Tribunal denied the request to reactivate, finding that the WSIB proceedings dealing with the same subject matter and remedies were still ongoing, and allowing the application to proceed would result in concurrent legal proceedings.

The applicant filed a human rights application alleging discrimination on the basis of disability after suffering a workplace back injury.

She also had an ongoing WSIB claim regarding her return to work and accommodation.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the WSIB proceeding.

The Tribunal found that deferral was appropriate because the WSIB claim and the human rights application were triggered by the same facts and there was a clear overlap between the issues, raising the potential for inconsistent findings.

The application was deferred.

The applicant filed a human rights application alleging discrimination and failure to accommodate his disability-related needs, leading to his termination.

He subsequently requested that the Tribunal defer consideration of his application pending the conclusion of a concurrent proceeding before the Workplace Safety and Insurance Board (WSIB), which was reconsidering his entitlement to benefits and re-employment obligations.

The Tribunal granted the request, finding that deferral was the most fair, just, and expeditious way to proceed given the clear overlap in facts, issues, and remedies, and to avoid the possibility of inconsistent findings.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming the employer failed to accommodate her workplace injury and forced her to retire early, and that the union failed to provide proper representation.

The Tribunal issued a Notice of Intent to Defer because the applicant had ongoing WSIB appeals regarding the same injury.

Finding a significant overlap in issues and remedies between the WSIB process and the human rights application, the Tribunal ordered the application deferred pending the conclusion of the WSIB proceedings.

The applicant filed a human rights application alleging discrimination with respect to services because of disability by the WSIB.

The applicant claimed the WSIB discriminated against him by initially refusing treatment for depression, failing to accommodate his language disability, and finding his depression not compensable.

The Tribunal deferred the application pending the conclusion of the applicant's ongoing WSIB proceedings, noting that the WSIB and WSIAT have jurisdiction to apply the Human Rights Code.

The applicant filed an application alleging discrimination in employment on the basis of disability, following her termination for refusing to perform her pre-injury job after a work-related shoulder injury.

The Tribunal considered whether to defer the application pending the outcome of a related proceeding at the Workplace Safety and Insurance Board (WSIB).

Finding considerable overlap between the issues in both proceedings, including whether the applicant had a disability at the time of termination and whether the respondent offered suitable work and accommodation, the Tribunal ordered that the application be deferred until the WSIB proceeding is complete.

The applicant filed a human rights application alleging discrimination and reprisal with respect to employment on the basis of disability, following a workplace injury.

The respondent requested the application be dismissed under section 45.1 of the Human Rights Code, arguing the substance was dealt with by the WSIB.

The Tribunal considered whether to defer the application pending the completion of the ongoing WSIB proceedings.

Finding that the WSIB claim and appeal directly related to the human rights allegations and involved overlapping remedies, the Tribunal ordered the application deferred pending the conclusion of the WSIB matter.

The applicant filed a human rights application alleging discrimination on the ground of disability by the Workplace Safety and Insurance Board regarding his benefits and work transition services.

The applicant noted an ongoing WSIB appeal and agreed to defer the application.

The respondent confirmed the ongoing appeal and supported deferral.

The Tribunal found that the WSIB appeal dealt with the same facts and allegations, and ordered the application deferred pending the conclusion of the WSIB process.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability.

The respondent requested that the application be dismissed or deferred because the applicant had an ongoing Workplace Safety and Insurance Board (WSIB) appeal regarding the same facts and issues.

The Tribunal found significant overlap between the WSIB matters and the human rights allegations, and ordered the deferral of the application pending the conclusion of the WSIB process to avoid concurrent proceedings and inconsistent findings.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, specifically regarding threats and accusations related to his return to work following a workplace injury.

The respondents brought a request to defer the application pending the completion of ongoing Workplace Safety and Insurance Board (WSIB) proceedings dealing with the appropriateness of the return to work plan.

The Tribunal granted the request, finding that deferral was the most fair, just, and expeditious way to proceed to avoid the risk of inconsistent findings of fact between the Tribunal and the WSIB.

The Attorney General for Ontario sought leave to intervene in an application challenging the validity of certain sections of the Workplace Safety and Insurance Act under the Human Rights Code.

The Tribunal granted the intervention request.

The Tribunal also requested written submissions from all parties on the Attorney General's request to defer the application pending a decision by the Workplace Safety and Insurance Appeals Tribunal.

The applicant filed a human rights application alleging discrimination and reprisal on the basis of disability, claiming she was not provided with appropriate modified work and was terminated for failing to meet production quotas.

The Tribunal issued a Notice of Intent to Defer because the applicant was concurrently pursuing appeals before the Workplace Safety and Insurance Board (WSIB) regarding the same facts and issues.

Finding significant overlap between the WSIB proceedings and the human rights allegations, the Tribunal ordered the deferral of the application pending the conclusion of the WSIB process to avoid concurrent proceedings and inconsistent findings.

The applicant filed a Request for Order During Proceedings to reactivate his human rights application, which had been deferred pending the conclusion of proceedings under the Workplace Safety and Insurance Act.

The applicant argued that the WSIB had made a decision confirming his loss of earnings benefits.

The respondent opposed the reactivation, noting that an appeal was currently before the Workplace Safety and Insurance Appeal Tribunal.

The Tribunal denied the request to reactivate, finding that the WSIA proceedings were not yet concluded and the request was premature.

The applicant filed a human rights application alleging discrimination in employment based on disability following a work-related knee injury.

The Tribunal issued a Notice of Intent to Defer because the applicant had an ongoing claim for benefits at the WSIB regarding the same facts and issues.

The Tribunal found that the factors favouring deferral, including avoiding duplicate proceedings and inconsistent findings, outweighed the factors against deferral.

The application was deferred pending the conclusion of the WSIB proceedings.