ARTICLE · 19 MAY 2014

WSIAT: Limits To Entitlement For Mental Stress Violate The Charter

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The Workplace Safety and Insurance Appeals Tribunal addressed the constitutionality of limits to entitlement for "mental stress".

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On April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal (the Tribunal) issued a much-anticipated decision addressing the constitutionality of limits to entitlement for "mental stress" under the Workplace Safety and Insurance Act, 1997 (the Act).

In Decision No. 2157/09¹ the Tribunal concluded that subsections 13(4) and (5) of the Act as well as the Traumatic Mental Stress policy of the Workplace Safety and Insurance Board (the WSIB) infringe the Charter of Rights and Freedoms. As a result of this ruling, the Tribunal Panel decided that the appropriate remedy in the case was to decline to apply these subsections or the WSIB policy and to allow the worker's appeal for initial entitlement to benefits for mental stress.

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