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Whether non-resident truck driver passing through Ontario at time of accident had a substantial connection to Ontario in right to sue application.
Defining a “clinical determination” when distinguishing between work-related and non-work-related impairments under OPM Document No. 15-06-08.
Transfer of costs and contributory negligence – assessing an employer’s common law duty of care with consideration of contractual agreement and Occupiers’ Liability Act (OLA).
Considering limitations from workplace injury and worker's perception of relationship with employer in determining entitlement for Chronic Mental Stress.
Determining entitlement for a non-professional escort (NPE) to medical appointments and distinguishing this from a Personal Care Allowance (PCA).
Providing notice of downside risk that becomes apparent after a worker’s testimony is completed with respect to LOE quantum issue.
Whether change in shift makes modified work unsuitable.
Concussions – defining an “impulse injury” where there was no direct impact to the head.
The length of time a worker was in a job share agreement is relevant in its exclusion from long-term average earnings basis calculation.
Clarifying the legal test for the application of a fatal claim premium adjustment and determining whether this violated an employer’s Charter rights.