This message is displayed because client-side scripting is turned off or not supported in the browser you are currently using.
Please turn on client-side scripting or install a browser that supports client-side scripting.

Ontario Government | Ministry of Labour | Site Map | Accessibility | text resize: A A A

Home | About Us | OWT Library | Forms | Practice Directions | Decision Search | Contact Us | Fran├žais

Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.



Appeal Process

For Representatives

Finding a Representative

Documents & Publications

Legal/Medical Resources

Popular Topics

Links to Other Agencies

Highlights of Noteworthy Decisions

  Decision 483 18 I
J. Smith - M. Christie - M. Ferrari

  • Judicial review
  • Loss of earnings {LOE} (older worker)
  • Charter of Rights (equality rights) (discrimination) (age)

The worker suffered a knee injury in October 2004, at age 64. He retired, pursuant to terms of a collective agreement, in November 2004, at age 65. The Board found that the worker intended to continue working at other work past age 65, and paid the worker LOE benefits until October 2006, two years after the accident, pursuant to s. 43(1)(c) of the WSIA.
The worker appealed denial of LOE benefits beyond October 2006, arguing the s. 43(1)(c) violated s. 15(1) of the Charter of Rights.
A pre-hearing conference was convened.
The only issue on the appeal was the constitutional challenge. This case had been placed in inactive status pending a determination of another appeal considering the same challenge to the constitutionality of s. 43(1)(c). Decision No. 512/06 found that s. 43(1)(c) did not violate s. 15(1) of the Charter. An application to reconsider Decision No. 512/06 was denied. The worker in that case then applied for judicial review of Decisions No. 512/06 and 512/06R. The application for judicial review was denied. This appeal was then reactivated.
Given that the worker did not intend to call new evidence, the Panel found that the decision on the judicial review of Decisions No. 512/06 and 512/06R was applicable to this appeal and was determinative of the issue.
The appeal will proceed to a written hearing on the merits.