Learn How to Fight your Workers Compensation Board

Fight WCB

The following are steps set out in order to help injured workers file a constitutional challenge against the workers compensation law in Ontario and/or against the actions of the workers compensation organization and/or their staff (WSIB, WSIAT and others). 

Launch a Constitutional Challenge Against the Ontario WSIB Laws!

Step 1:
Pick a Court Motion Date

The first thing you need to do is set a date for your motion to be heard before a judge at your local courthouse.
There are several levels of court in Ontario:

Ontario Court of Justice – OCJ:
This is Ontario’s lower court and is administered by Ontario exclusively.

Ontario Superior Court of Justice:

This is a court that is in Ontario, but the judges are appointed for life, and paid by the Federal Government. This is important in this matter as you are challenging an Ontario Law and can argue that the WSIAT and the OCJ would have a conflict of interest, as opposed to the Superior Court of Justice.  

Ontario Superior Court of Justice - Divisional Court

​This is a division of the Superior Court of Justice. It is an appellate court, but this is where you would only appeal matters from Administrative Tribunals and Boards, Small Claims Court, and certain decisions of the Superior Court of Justice.

So you need to contact your local courthouse to find out when motions are being heard.

Click here to see the list of Ontario Court houses and their contact information.

Ask to speak to the Superior Court of Justice clerk for setting motions, or a trial coordinator for Superior Court of Justice. Some courthouses have specific days of the week, some have them everyday.  

The clerk will also ask you, if it is for a "short motion" or a "long motion".

The difference between the two, is simply that if you anticipate that it will take less than two hours (or less depending on the court) to give your oral submissions, the opposing counsel to provide a response, and then your response to theirs, then you can do a short motion date. If you anticipate it to all take more than two hours then it is a long motion date.

Note:​ If you believe the motion to be a long motion, however the matter is of an urgent nature, then you can go ahead and set it for a short motion date. You will have to justify your urgent nature. ​Rule 37.05(3)​  

Also note that long motions have to be booked with the trial coordinator and in some cases are a long way away. For example in Brampton Superior Courthouse the wait time for long motions is approximately 7-8 months. 

Once you have the available days, pick a date that is suitable. 

That according to the law, (rules of civil procedure: rule 37) you must serve the parties at least seven business days before the motion hearing date.
 It is strongly recommended to set it 30 to 60 days to give yourself time to prepare the motion materials as well as prepare for the hearing.

Step 2:

Complete Your Constitutional Question:

Now you have a date, you need to prepare your constitutional question.
This is a standard court form, in Ontario, which is referred to as Rules Form 4F. You can use the form or use a word processing program and make the exact someone yourself.  

I have completed one for you, all you have to do, is fill in your name, address, telephone, fax (if you have one), and E-mail, as well as the date. 

There are three locations on the form for you to complete:  

Page 1:

- Leave the court file No line blank (this will be completed by the clerk once you file the motion)

- Your name where it says your name.

- The date you picked for the hearing for example 25th day of December, 1900.

- The location of the court house (address and phone number)

Page 16:

- Date, the day you are completing the form.

- Your full name

- Your residence/mailing address - for document service

- Your telephone, fax, e-mail

Page 18:

- Your full name (in three locations, top left and two bottom right)
- Your residence/mailing address - for document service
- Your telephone, fax, e-mail

Your constitutional question is now complete!

Step 3:

​Serve the Parties

​On page 16 and 17 of the form are the specifi c parties you have to serve. ​At least seven business days before the motion hearing date.  two are the WSIB and the WSIAT. The other two are the Provincial and Federal Attorney General offices for Constitutional Challenges. They must be served under the law and they may intervene, become a part of the challenge.

You can serve them in person, or more preferably you can serve them by fax.

Make sure you get a fax transmission confirm for each service you will need this.

Step 4:

Complete the Affidavit of Service

Once you have served all the parties, which is four in all. You should have four fax transmission confirmation pages. Now you need to complete an affidavit of service on a lawyer for a firm by fax. I have attached a partially completed affidavit form for you to complete below ​do not sign it until you are in front of the court clerk in the next step.

Complete the following sections of the form, before attending court:

​Do not sign the form until you are at court in front of the clerk!

The Document is four pages. They may seem the same but they are slightly different.

Each page is for the specific party you served.

Combined Affidavit of Service

​Page 1 - WSIB Affidavit of Service:

Leave the court file No line blank

Your name

- The date you served them

​- Staple the fax confirmation page to each affidavit of service.

Step 5:

Complete Court Fee Wavier

For those you can not afford to pay the court fees.

Click here and you can download the Court Fee waiver guide. (pdf document file)

To learn how to complete the Fee waiver or to see if you qualify for a court fee waiver.

This waives all court filing fees.

To obtain the fee waiver form click here.

Step 6:

​File Your Constitutional Challenge with the Court

Before you head off to the courthouse where you intend to have your motion heard make sure you have the following:

- 2 copies of your motion

​- 4 affidavits (WSIB, WSIAT, Attorney General for Ontario, and Attorney General for Canada)

- Fee waiver or court filing fees (money)

​Go to the court office where you indicated on your motion challenge.

I highly recommend to go there for first thing in the morning when they first open. You will have less of a wait, well at least that is what it is like in Brampton.

Once you get to the courthouse find out where you need to file you motion paperwork.

Some courthouses you have to get a ticket with a number and wait, others are quick and easy.

Once you are at the Clerk wicket hand her you motion and affidavits of service as well as your court fee waiver.

The clerk will ask you to affirm (swear) the affidavits then you sign them.

The clerk will then stamp both copies of the constitutional challenge motion, add a court file number, and hand you one back. Do not lose your copy of the motion.

Step 7:

Prepare Your Motion Materials

​(Motion Record, Factum, Book of Authorities)

​I will provide copies of these documents soon!



This page has been setup to assist an individual to successful file a constitutional challenge against the WCB ACT RSO 1990 and the WSIA RSO 1997, with the courts. This is the law that gives the WSIB (Ontario WCB) and the WSIAT (Ontario Workers Compensation Tribunal), as well as employers the power over victims of workplace accidents.

Read the everything through thoroughly, before you decide not to or decide to proceed.

If any of the information is incorrect, please notify me, via the contact page.