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ARTICLE · 04 AUGUST 2021

Right To Sue Applications: WSIB Proceedings As A Shield

Filion Wakely Thorup Angeletti LLP
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In a recent decision, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") held that a grocery store manager was not entitled to sue a third party bakery (the "Bakery")...

CanadaEmployment and HR
James Jennings
James Jennings
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Bottom Line

In a recent decision, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") held that a grocery store manager was not entitled to sue a third party bakery (the "Bakery") or its landlord after he was injured in a slip-and-fall in the shared parking lot outside the bakery. This case illustrates how companies may be able to use the employment status of third parties who are injured on their premises to shield themselves from personal injury claims.

Background

The injured worker (the "Worker") managed the baked goods section of a grocery store. His regular hours of work were from 7am to 7pm. As manager of the baked goods section, the Worker was responsible for regularly visiting suppliers and purchasing product on behalf of the store.

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