Simon's Legal Resources

WSIB - WSIB

. Toronto (City) v. WSIAT

In Toronto (City) v. WSIAT (Ont Divisional Ct, 2025) the Divisional Court allowed a JR, here from several WSIAT rulings involving workers that are "presumptively eligible for workers’ compensation benefits if they contract a listed “occupational disease”, provided that they meet the relevant criteria" - described here as a 'rebuttable presumption', here causal in nature.

Here the court usefully states the relationship between the WSIB and the WSIAT:

The Relationship Between the WSIB (The Board) and the WSIAT (The Tribunal)

[15] The WSIA creates two separate bodies for adjudicating claims. The Tribunal is independent of the Workplace Safety and Insurance Board (the “Board”) and has exclusive jurisdiction to determine appeals from final decisions of the Board with respect to entitlement to compensation under the WSIA. The Tribunal is the final appellate body in matters of workplace safety and insurance in Ontario.

[16] Pursuant to s. 126(1) of the WSIA, the Tribunal is required to apply any Board policy applicable to the subject matter of an appeal. If the Tribunal determines that a policy is inconsistent with, or not authorized by, the WSIA, it cannot make a decision on the appeal until the policy has been referred to the Board for review (s. 126(4)). The Board will then issue a direction on whether the policy is harmonious with the WSIA and whether it applies. Once a direction is issued, the Tribunal will proceed with the matter accordingly.