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Human rights application challenging mental stress benefit restrictions deferred pending similar WSIAT test case.
The applicant alleged that sections 13(4) and (5) of the Workplace Safety and Insurance Act, 1997, which restrict benefits for mental stress, discriminate on the basis of disability.
The Attorney General for Ontario and the respondent requested that the application be deferred pending the resolution of a more advanced, similar challenge before the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
The applicant did not oppose the deferral, though intervenors did.
The Tribunal exercised its discretion to defer the application to avoid duplicative litigation and the risk of inconsistent decisions, noting the WSIAT case was much more fully developed.
