Skip to content

Brought to you by

Dentons logo

Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Canadian Occupational Health & Safety Law

  • Home
  • About Us

Lunchtime car accident a matter for WSIB, not courts, WSIAT rules

By Adrian Miedema
March 27, 2017
  • Caselaw Developments
  • Safety Professionals - Practice Issues
Share on Facebook Share on Twitter Share via email Share on LinkedIn

The Ontario Workplace Safety and Insurance Appeals Tribunal has ruled that an employee who was injured at lunchtime in a car accident was barred from suing the other driver in court.  Instead, he must go through the WSIB for his injury benefits.

The employee, a sales manager for a food company, was taking his son and a daughter of a colleague to lunch in his company vehicle when the other driver ran a red light and collided with the vehicle.  The other driver was employed with a company that was registered with the WSIB as a “Schedule 1” employer.

The WSIAT ruled that even though it was lunchtime, the injured employee was “in the course of his employment” because on the same trip he planned to see a client and pick up a cheque for his employer, which was a regular task for him.  The car trip had a “dual purpose” and was not solely personal time.  As such he was entitled to claim WSIB benefits, and barred from suing the other driver in the courts because the other driver was employed with a “Schedule 1” employer.

The employee claimed that his employer had registered with the WSIB after the accident, and therefore that he was entitled to sue the other driver in the courts.  The WSIAT ruled that even if his employer has registered with the WSIB after the accident, the employer was a “Schedule 1” employer, and therefore the employee was not entitled to sue in the courts.

Decision No. 1572/16 (Ontario Workplace Safety and Insurance Appeals Tribunal)

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

All posts Full bio

RELATED POSTS

  • Caselaw Developments
  • Prosecutions / Charges

Fact of accident, without more, is not enough to convict on OHSA charges, appeal court decides

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management

Contractor jailed for 30 days, fined $45,000 after serious asbestos violations

Every now and then a case comes along to remind us that violators of occupational health and safety legislation can be sent […]

By Adrian Miedema
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

2012-13 Inspection Blitz Schedule Released by Ontario MOL

Stating that “The Ministry of Labour’s proactive inspection blitzes on sector-specific hazards are designed to raise awareness and increase compliance […]

By Adrian Miedema

About Dentons

Dentons is designed to be different. As the world’s largest law firm with 20,000 professionals in over 200 locations in more than 80 countries, we can help you grow, protect, operate and finance your business. Our polycentric and purpose-driven approach, together with our commitment to inclusion, diversity, equity and ESG, ensures we challenge the status quo to stay focused on what matters most to you. www.dentons.com

Dentons boilerplate image

Twitter

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo

© 2022 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site