May 092018
 

By Gerald

Click on the following link: http://www.cbc.ca/news/canada/sick-worker-groundbreaking-case-wsib-benzene-1.4649680

Just as I predicted, sometime in the near future, providing presumptive status for any occupation rather than all occupations is discrimination and would come back and bite the goofs that voted for and passed legislation for firefighters, then extended this presumption to first responders. There is and never has been any evidence that firefighters or first responders have any higher risk than any other occupation when compared to the general public which is how epidemiological evidence is gathered and is why the National Academy of Science does not or will not use the general public as a reference in determining causation.

Seems like Ontario always has to lead the way as the people we elect to represent us in Alberta must have fallen off a turnip truck. While I am a born and raised in Alberta resident, my question to the Government is why is it that Alberta is not leading the way in workers compensation issues rather than being the follower even going so far as to adopt the Meredith Principles which initiated in Ontario. Perhaps, the Alberta Government would simply rescind all legislation providing differential treatment to one group of workers and bring in legislation providing presumptive status in all claims for all workers and force WCB to prove contrary which is the way that it was intended to be right from the beginning according to Dr. Terrance Ison who before his death was Canada’s leading expert in workers compensation issues.

Mar 132017
 

Many of you will by now have read the very important decision of the Ontario Court of Appeal on the class action brought against WSIB by Richard Fink. It can be found here:

https://www.canlii.org/en/on/onca/doc/2017/2017onca121/2017onca121.html?autocompleteStr=castrillo&autocompletePos=1

I know that for some of us worker representatives working in the trenches, higher court decisions will seem of limited relevance. But this is not really the case. In truth, wherever we work in the justice system, ultimately we rely on the rule of law in Canada and Ontario. If that slips away on us, we will be in the situation where the arbitrary exercise of power will be much more difficult to challenge. So it’s important to read Castrillo; and now you can add to your reading list the beautiful and timely blog on the decision by Ron Ellis. It will help you understand the twists and turns of the Court of Appeal’s reasoning and the overall importance of the decision. We are fortunate to have the benefit in our area of law of Ron’s careful, reasoned and powerful mind going to work on this important decision, which has emerged at such a critical time for our workers’ compensation system.

Here is the link to Ron’s post. I’ve also pasted in the text at the end of this e-mail. However, I would urge you to go to Ron’s website, where you will find lots of high quality analysis not just in workers’ compensation but broadly in administrative law. Workers’ compensation is not alone in facing challenges to the rule of law.

https://administrativejusticereform.ca/wsib-and-the-ontario-court-of-appeal-decision-in-the-castrillo-class-action/

Thank you Richard for bringing this case forward and Ron for your important work elucidating it for us.