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Fleming v. Massey

Fleming v. Massey, 2016 ONCA 70

Deals with employer getting employee to sign waiver in place of WCB coverage
Mr. Fleming worked for a Go-kart track. Prior to his hiring the employer made him sign a waiver for WSIB (Ontario WCB). He suffered an injury and commenced an action against his employer. The motion judge denied the plaintiff's claim (Mr. Fleming). The matter was appealed to the Ontario Court of Appeal. In their decision, the Court of Appeal for Ontario determined that an employee in Ontario can not waive their right to sue.

Andrew Massey, et al. v. Derek Fleming, 2016 CanLII 33997 (SCC)
The employer Massey, appealed the Ontario Appeals Court decision to the Supreme Court of Canada. The request to appeal was denied.


Employee Waiver of 'Right to Sue' - Not Valid

​All to often, businesses attempt to save money with their expenses

and one is labour costs.

What some employers attempt to do is divert labour costs onto labour by saying an employee is not an employee, but an "independent contractor" . 

Employers believe this because they say it is true! 

​In reality an employer/employee relationship is solely based

on the working relationship between the employer and

the employee/"claimed independent contractor".

This issue is actually clarified in the WSIB law in Ontario,

The status determining by employer/employee relationship

is also determined in many numerous case law decisions.

​Yet another method for employers to save money, 

is when they attempt to force workers to sign agreements or waivers

saying the employees won't use or file for workers compensation benefits.

Regardless whether a workers signs these agreements, 

the agreements are not legal binding, as they are illegal.