Court File and Parties

CITATION: Dias v. WSIB/WSIAT Workplace Safety & Insurance Brd/Tribunal, 2016 ONSC 1752

COURT FILE NO.: CV-15-542558

DATE: 20160310

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ELIZABETH DIAS, Plaintiff

AND:

WSIB/WSIAT WORKPLACE SAFETY & INSURANCE BRD/TRIBUNAL, Defendants

BEFORE: F.L. Myers J.

READ: March 7, 2016

ENDORSEMENT

[1] The plaintiff sues WSIB and WSIAT concerning her unsuccessful worker’s compensation claim. In Ontario, the law does not allow a claimant to sue WSIB or the Tribunal when a claim is disallowed. Whether other avenues of review may be open to the plaintiff, this civil action cannot succeed and is frivolous. Gao v. Ontario WSIB, 2014 ONSC 6497.

[2] Moreover, I have reviewed the plaintiff’s submissions and her new appendix and have determined that the plaintiff is a litigant to whom an abbreviated process under Rule 2.1.01(3) is appropriately applied.

[3] Therefore, this action is dismissed with costs payable to the defendants, if demanded, after assessment of the quantum. I dispense with any requirement for the plaintiff to approve the form or content of the formal dismissal order.

[4] The Registrar shall send a copy of this endorsement to the plaintiff and counsel for the defendants, and shall serve the formal dismissal order on the plaintiff under Rule 2.1.01(5).

F.L. Myers, J.

Date: March 10, 2016