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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 2053 14
11/14/2014
A. Patterson

  • Domestics
  • Registration of employers
  • Right to sue

The plaintiff in a civil case performed light housework and cooking and provided companionship to the defendant at the defendant's residence. The defendant paid the plaintiff at an hourly rate and provided room and board to the plaintiff. The plaintiff was injured when she fell while providing services to the defendant. The defendant applied to determine whether the plaintiff's right of action was taken away.
The defendant had not registered with the Board as an employer. The plaintiff had not applied for personal coverage. The Vice-Chair found that the plaintiff was a full-time domestic worker within Board policy. Full-time domestics are a Schedule 1 business activity within O. Reg. 175/98. Accordingly, the defendant was a Schedule 1 employer and the plaintiff was a full-time domestic worker employed by a Schedule 1 employer.
The plaintiff was not entitled to commence an action against her employer. The plaintiff's right of action was taken away.