The defendant was charged with willfully failing to inform the Workplace Safety and Insurance Board (WSIB) of a material change in circumstances in connection with his entitlement to benefits, contrary to section 149(2) of the Workplace Safety and Insurance Act, 1997.
The charge arose from surveillance conducted in December 2011 that showed the defendant engaging in activities including driving, making deliveries, and shopping, which the WSIB alleged constituted material changes that should have been reported.
The defendant was found not guilty after the court determined that the Crown had failed to prove the mens rea element of the offence beyond a reasonable doubt.
