Highlights of Noteworthy Decisions
- Employer (sufficient connection to Ontario)
- Out of province (substantial connection)
- Right to sue
- Worker (sufficient connection to Ontario)
The defendants in a civil case applied to determine whether the plaintiff's right of action was taken away regarding a motor vehicle accident in Ontario involving two trucks. The plaintiff was an Ontario resident employed by a Schedule 1 employer. The defendant transport company was based in Manitoba. The driver was a resident of Manitoba. The Vice-Chair found that the defendants had a substantial connection to Ontario. It was clear that the transport company was performing an activity that could be classified in Schedule 1 of the WSIA. There was evidence that the transport company was not merely passing through Ontario as a transient but, rather, was contributing to and participating in the Ontario economy. The defendant driver was a trainee and had no history of travelling in Ontario for work purposes. However, the Vice-Chair was of the view that the status of the employer was determinative of whether there existed a substantial connection to Ontario. This leads to greater certainty and predictability than determining the substantial connection of each individual employee. The Vice-Chair concluded that the defendants had a substantial connection to Ontario. Accordingly, the plaintiff's right of action was taken away.