Successful WSIAT Hearing

Brian Sunohara and Colleen Mackeigan were recently successful in a hearing before the Workplace Safety Insurance and Appeals Tribunal (Decision No. 1709/19).

The claim arose out of an accident involving a car and a truck. Both drivers were working at the time of the accident.

Our clients argued that the plaintiff’s claim was barred under the Workplace Safety and Insurance Act, 1997. The plaintiff sought a declaration that the claim was not barred on the basis of the defendant driver being an independent contractor, not an employee.

Due to Colleen’s thorough investigations and persuasive arguments, the parties were able to narrow the issues and agree on facts in advance of the hearing, leading to an excellent outcome for our clients.

The Tribunal determined that the plaintiff’s right to sue was taken away. As a result, the lawsuit will be dismissed.