Dr. Wasserstein

The plaintiff was injured during a recreational basketball game when the defendant collided with him from behind while attempting to block a shot.

The plaintiff sued for negligence, and the defendant moved for summary judgment.

The court granted the motion and dismissed the action, finding that the defendant's conduct, while a foul, was a defensive play inherent to the contact sport and was not malicious, out of the ordinary, or beyond the bounds of fair play.

The court concluded there was no genuine issue requiring a trial.

The worker, a law enforcement officer, suffered a left shoulder dislocation while striking a heavy bag during tactics training.

The WSIB initially allowed the claim but later determined the worker had reached maximum medical recovery and denied entitlement for recommended stabilization surgery, attributing the need for surgery to a pre-existing condition.

The worker appealed.

The Appeals Resolution Officer found that while the surgery was primarily required to address chronic, non-occupational instability, the workplace accident significantly contributed to the timing of the surgical recommendation.

The appeal was allowed, granting entitlement to the surgery as a "once only repair" under WSIB policy, though with no entitlement to a permanent impairment award.