Court overturns Workplace Safety and Insurance Act decision and requests for dismissal


Recently, however, the Ontario Divisional Court in Morningstar v. TASPAAT, 2021 ONSC 5576 (The morning star) judicial review Decision n ° 1227/19 and Decision n ° 1227 / 19R, who reconsidered and confirmed the original decision. In The morning star, the court found that WSIAT had unreasonably barred the plaintiff’s action for constructive dismissal and related damages, and quashed those parts of WSIAT’s original and review decisions that dismissed those requests.


After filing an application with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination, bullying and harassment in the workplace based on gender and disability, the employee resigned alleging that ‘she had been fired in disguise. She then brought a civil action for punitive, aggravated and / or moral damages for the employer’s violation of the Occupational Health and Safety Act due to “intimidation, harassment and the creation of ‘a poisoned work environment and / or the crime of harassment’. The employee’s HRTO claim was denied on the grounds that the civil action raised essentially the same allegations and sought damages for the same violations.1

Original decision of TASPAAT (Decision No. 1227/19)

The employer filed a “right to sue” application under s. 31 of the WSIA seeking a judgment declaring that the employee’s right to bring a civil action against him was prohibited by s. 13 (4) of the WSIA, which, as noted above, gives entitlement to workers’ compensation benefits for chronic stress and traumatic stress. In decision 1227/19, the WSIAT ruled in favor of the employer.

Review (Decision n ° 1227 / 19R)

The employee requested a reconsideration of Decision n ° 1227/19. The resulting decision, Decision n ° 1227 / 19R, confirmed the initial conclusion of TASPAAT.

A judicial review

The employee sought judicial review in the Ontario Divisional Court of both the original WSIB decision and its reconsideration, conceding that the WSIA had properly excluded her injury claims, but arguing that WSIAT had to wrongly excluded his claim for constructive dismissal.

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