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Workplace Safety and Insurance Act

. Chen v. Workplace Safety and Insurance Appeals Tribunal

In Chen v. Workplace Safety and Insurance Appeals Tribunal (Ont CA, 2020) the Divisional Court clarified that while the Workplace Safety and Insurance Act, 1997 (WSIA) states that deciding when a person has a right to sue for workplace injury is in the exclusive jurisdiction of the WSIAT (Workplace Safety and Insurance Appeals Tribunal), a party stills retain the right of judicial review over than decision:
[3] WSIAT has exclusive jurisdiction to decide whether a person’s right of action (the ability to sue in court) is taken away by the Workplace Safety and Insurance Act, 1997, SO 1997, c.16, Sch. A., s.31(10 and (2). A decision of WSIAT on this issue “is final and is not open to question or review in a court” (s.31(3)). Notwithstanding this very strong language, this court still retains jurisdiction to review the decision, but the deference accorded to WSIAT on review is high.

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