Learn How to Fight your Workers Compensation Board

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A "Third Party" is any one other than the injured worker's employer.

This could be:

  • an employer's customer,
    • ​​especially so in situations of workers working for temporary agencies being injured at the contract location.
  • a equipment manufacturer,
  • an other party (other than the employer) that was involved and caused a vehicle accident where the worker was injured​,
  • ​as well as many other examples where a party who is not​ the employer that is directly responsible for the injured workers accident and subsequent injuries.

Right to Sue Third Party

Please note that I have provided additional information using links which are the blue underline texts.
If you wish to know more about a case or a subject, then just click on the linked work or phrase and a new window will open. Note: you may need to disable popup blocker. 

This is a relatively new area of WCB civil law, so there maybe more cases coming, but if you hear of any cases please let me know and send me a message!

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Linda Hill vs Jason Tomandl, KETZA CONSTRUCTION CORP., SNC-LAVALIN GROUP INC


Linda Hill was a government employee who was injured at work when a piece of wood hit her in the head. She then filed a civil lawsuit against the above mentioned companies and Jason Tomandl. In response the defendants file for the claim to be dismissed as it was statute barred under the Workers Compensation Law. 

Hill v. Tomandl, 2015 YKSC 34
As mentioned above the defendants filed for a motion to dismiss Hill's civil lawsuit, which was denied by the Supreme Court of Yukon. The defendants then appealed to the Yukon Appeals Court.

Hill v. Tomandl, 2016 YKCA 5
The defendants appealed to the Yukon Appeals Court, which was dismissed in an unanimous decision of the appeals court.

Jason Tomandl, et al. v. Linda Hill
The Supreme Court of Canada in their decision on January 12, 2016 dismissed Mr. Tomandl motion for leave to appeal (permission to appeal). He was asking permission of the Supreme Court permission to appeal the decision of the Yukon Appeals Court decision

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West v. Workplace Safety and Insurance Board - WSIB

West v. WSIB
Deals with the issue of injured workers suing third parties.
​Deals with issue of WCB failing to recognize possible third party liability.
​In West v. WSIB this matter went to the Ontario Divisional Court.

Workers' compensation -- Election -- Workplace Safety and Insurance Board failing to recognize that worker might have claim against third party -- Board failing to send election form to worker -- Worker not aware that he had potential third party claim when he started receiving benefits -- Board erring in finding that worker's receipt of benefits constituted "deemed election" in these circumstances -- Board also erring in refusing to permit worker to withdraw his claim unless he repaid all benefits immediately.

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Campeau v.  Dynatec Corporation  & others.....

Deals with the issue of injured workers suing third parties.
Decision No. 201/10, 2010 ONWSIAT 1884
In Campeau vs. several companies  Mr. Campeau was an employee who was fatally injured on the job.
The plaintiffs were Mr. Campeau's wife, his dependants, and his adult siblings. The plaintiffs filed a civil lawsuit in Ontario Superior Court of Justice under court file No. CV-08-089293. This was against various companies. In response the defendant companies filed a request of the WSIAT that the plaintiff are statute barred form civil action against the companies due to the WSIA. In their decision the chair ruled that the adult siblings were allowed to proceed with their action against the defendants, but that the wife and dependants were barred from action in accordance with the WSIA.

Decision No. 201/10R, 2016 ONWSIAT 1740
In a reconsideration decision the WSIAT, Vice-Chair, clarified that allegations in the civil claim relating to issues of private insurance policies for life, accidental death and dismemberment were not before the vice-chair in Decision No. 201/10, and that, accordingly, the plaintiffs were not precluded from proceeding with their civil action on those matters.IN his decision the chair ruled that the wife and dependents were not precluded from seeking legal action for the private insurance.

​The status of the civil lawsuit against the companies is unknown at this time. The plaintiffs could have settled out of court or the matter may still be before the courts. If you know or have any information please send me a message.

​Thank you to Rob for the information about this case!