Are you ready to rumble?
The first thing you need to decide is if you want a long court battle, because that is what civil court means, but in the end, if you win, it can be devastating for the WSIB and/or the WSIAT.
Did you exhaust your appeal rights?
You first need to decide if you still have an appeal process at the WCB and/or the WCB Tribunal.
Proceed directly to Court – no appeals:
Some people may want to just proceed directly to court. In one way you can argue that there is a time limit of two years on civil actions, therefore you could not wait for the WCB/WCB Tribunal Appeal process.
Give them a chance – follow the appeal process:
Alternatively, if you wait and run through the appeal process you will have run the time out on the civil action, however, in Ontario under the Limitations Act WSIB claims do not apply to limitations of two years. You can also argue that you wanted to afford them the opportunity to rectify their wrong.
Either way all the responses are totally legitimate ones and acceptable in court.
Either way you decide. This is a question that only you can answer.
Most importantly you need to know the difference of everything.
If they acted intentional deceptive with you then civil court,
If they made decisions that were similar wrong, then you need to follow appeal and then Judicial review.
Alternatively, if it is a Human rights issues you can go that router depending on time form incident.
If the answer to the question is yes, Civil Court – meaning you can easily prove they were intentionally deceptive towards you and better yet violated at least two sections of the charter, then proceed on.
So, on to the next step which is to ask yourself do you have a case, ironically that is the name of the next step and page, which can be found here.
I have created sub pages for easier navigation of this website.
A lot of pages are still empty but I will be working hard to fill them all with some good information.