Workplace Safety and Insurance Law: Cool Panels on Hot Topics(Archived Video Stream) 

May 23, 2012
Toronto Online


This is the archived version of a program presented on May 23, 2012.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   

Program Chairs: 
Stephen C. Roberts, McTague Law Firm LLP - Windsor
Ken Stuebing, CaleyWray Labour/Employment Lawyers

 Arthurs Funding Review.

  • Discussion on the recommendations and WSIB's response
  • Implications for workers
  • Implications for employers

Stephen C. Roberts
, McTague Law Firm LLP - Windsor
Dave Wilken, Building Trades Workers' Services
Robert Boswell, Boswell Chapman Professional Corporation

Work Reintegration

  • How is it working;
  • What are some of the burning issues from worker and employer perspectives;
  • How many penalties have been issued to employers? Are these effective?
  • How is the duty to accommodate being interpreted and applied by the WSIB?
  • What can workplace parties expect?
  • What modifications/improvements are still needed?

Dave Wilken, Building Trades Workers' Services
Cezanne Charlebois, Charlebois Associates
Laura Russell, CompClaim (CCM) Legal Services

Revisiting Traumatic Mental Stress Entitlement

  • Has the status quo changed in light of Decision No. 483/11;
  • How might recent amendments to the British Columbia Workers Compensation Act impact adjudication or TMS claims in Ontario?
  • How might complaints adjudicated by the Ontario Human Rights Tribunal in this area affect TMS claims?
  • What can we expect down the road?

Maryth Yachnin, Industrial Accident Victims' Group of Ontario (IAVGO)
Joseph K. Morrison, Mathews, Dinsdale & Clark LLP

Human rights case law relevant to injured workers/ employers

  • Distinguishing overlapping legal issues, and selecting a forum that is best tailored to address each issue;
  • Assessing the Human Rights Tribunal's recent reviews of WSIB decision making;
  • Is duty to accommodate substantively different in the WSIA jurisdiction versus HRC territory?

Judy Kondrat, Human Rights Legal Support Centre
William LeMay, Hicks Morley Hamilton Stewart Storie LLP

Thinking outside the box: Early and Alternative Dispute Resolution  in Work Reintegration and other complex situations 

  • What is the optimal moment for resolving Work Reintegration disputes?
  • What Alternative/Early Dispute Resolution techniques are available to workplace parties in Work Reintegration disputes and other complex cases?
  • How can advocates and decision makers contribute to effective early and alternative dispute resolution?
  • What ethical issues arise in ADR situations and how can advocates best address them?
  • What is the duty to warn the client of the implications?
  • What duties do you owe to the other participants in a mediation situation?
  • Managing and communicating the settlement.

Alec Farquhar, Occupational Health Clinics for Ontario Workers
William LeMay, Hicks Morley Hamilton Stewart Storie LLP

WSIB policy update

  • A critical discussion of Policies that are being reviewed by the WSIB in 2012 including the policy papers;
  • How is policy development evolving and how might the WSIB be conducting policy consultations in the future?

Kate Lamb,  Workplace Safety and Insurance Board (WSIB)
Joel Schwartz, Industrial Accident Victims' Group of Ontario (IAVGO)
Michael Zacks, Ministry of Labour - Office of the Employer Adviser (OEA)


  • Ethical and Professional Issues for the Advocate
      *Client communication and client satisfaction;
      *Issues surrounding the reporting of material change;
      *Time limits for objections; including notification issues where it appears that the representative has missed a time limit.
  • Ethical issues in production and disclosure of evidence, witness names and other pre-hearing procedures.
      *A detailed review of privilege and confidentiality vs. a duty to disclose to the other side/WSIB/WSIAT in accordance with the Rules of Professional Conduct and the rules of each agency, respectively.

Gary Newhouse, Barrister & Solicitor
Dave Whitten, Whitten & Lublin LLP

Update: WSIAT, Judicial Reviews, other court cases if any are relevant

  • Significant decisions;
  • Charter issues;
  • Decision No. 512/06

Ryan J. Conlin, Stringer LLP
John Bartolomeo, Toronto Workers' Health & Safety Legal Clinic

Update:  Modernization of the WSIB Appeals Process

  • A presentation on the WSIB's recent efforts to improve the WSIB's appeals system for greater effieciency and timelier service.

Thomas Teahen, Chief Corporate Services Officer
Slavica Todorovic, Executive Director of the WSIB Appeals Branch


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