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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 2477 17
11/15/2017
S. Shime

  • Right to sue
  • Worker (contract of service) (employment relationship)

The plaintiff in a civil case had a summer job at a water park, starting on May 26, 2013, and ending on August 31, 2013. On September 2, 2013, the plaintiff and her supervisor attended an end-of-summer staff party on the premises of the park after the park had closed. The plaintiff brought a civil action against the water park and the supervisor, claiming that the supervisor sexually assaulted her at the party. The defendants applied to determine whether the plaintiff's right of action was taken away.
The plaintiff was no longer employed under a contract of service on the date she was assaulted. The contract had ended and the water park had issued the plaintiff a Record of Employment clearly indicating that the last day for which she received wages was August 31, 2013.
The plaintiff was not a worker within the meaning of the WSIA at the time of the assault. Her right of action was not taken away.