Highlights of Noteworthy Decisions

Decision 2071 12
2015-05-22
J. Josefo
  • 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.