The defendant was charged with five offences under the Workplace Safety and Insurance Act: one count of wilfully failing to inform the WSIB of a material change in circumstances within 10 days, and four counts of knowingly making false or misleading statements to the WSIB.
The charges arose from the defendant's failure to report various work activities and his responses on WSIB forms regarding his employment status and medical condition.
The court found that the WSIB failed to establish a clear communication strategy to ensure claimants understood what constituted a "material change" and that the defendant's understanding of "work" as paid employment was reasonable given the WSIB's own forms.
The court acquitted on all five counts, finding reasonable doubt as to the defendant's knowledge and intent.
