Highlights of Noteworthy Decisions

Decision 2131 12
25/03/2013
R. Nairn
  • Procedure (moot issue) (right to sue)
  • Right to sue

The plaintiff in a civil case slipped on a staircase at work. She submitted a workplace insurance claim, and received health care benefits but not LOE benefits. The plaintiff then commenced an action against her employer. The employer applied to determine whether the plaintiff's right of action was taken away.

At the hearing, the employer advised that it had learned the previous day that the action had been dismissed by the Superior Court of Ontario as abandoned. In the circumstances, the Vice-Chair concluded that he did not have jurisdiction on the application given that that the employer was no longer a party to an action within s. 31(1) of the WSIA. Accordingly, the application was denied.