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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 2713 16
12/6/2016
J. Josefo

  • In the course of employment (travelling)
  • Procedure (absent parties)
  • Right to sue

The defendants in a civil case applied to determine whether the plaintiff's right of action was taken away. The issue was whether the plaintiff was in the course of employment at the time of a motor vehicle accident in 2001.
Neither the plaintiff nor her representative appeared at the hearing. The accident occurred many years ago. Numerous communications had been sent to the representative, without reply. In the circumstances, the Vice-Chair proceeded with the hearing.
The plaintiff was required to travel extensively for her work. She was in the course of employment at the time of the accident. Her right of action was taken away.