ONCA Confirms NO Fault-Based Workers’ Compensation Grievances

In our blog in September, we reported that in OPSEU v. Ontario et. al., Ontario’s Divisional Court had upheld an arbitrator’s ruling to dismiss 22 (grouped) grievances over fault-based workers’ compensation claims. Ontario Public Service Employees Union (“OPSEU”) sought judicial review of the arbitration decision after Arbitrator Owen Gray held that he could not award damages to grievors “for or by reason of an accident happening to the worker or an occupational disease contracted by the worker while in the employment of the employer” if the alleged accident or disease is or was compensable under workers’ compensation legislation.

Ontario’s Court of Appeal has upheld the Divisional Court’s finding.  No word yet on whether OPSEU plans to seek leave to appeal to the Supreme Court of Canada.