Regulatory prosecution under s. 149(1) of the Workplace Safety and Insurance Act, 1997 arising from statements made in support of a workplace injury benefits claim.
The court found that surveillance evidence showing the defendant driving beyond stated limits and lifting objects far in excess of reported restrictions contradicted his statements to the WSIB and to health professionals that he had not improved and remained unable to return to work.
The court rejected the defence contention that the absence of an Arabic interpreter undermined the reliability of the communications, finding the defendant had sufficient English proficiency and had not unequivocally requested an interpreter.
The court also rejected a mistake of fact theory that the activity was only a one-time test of abilities, finding it lacked an air of reality and appeared to be a recent fabrication.
Conviction entered.
