Mental stress provisions of Workplace Safety and Insurance Act, 1997, declared unconstitutional by WSIAT
In a landmark decision that could have a significant impact on employers, the Ontario Workplace Safety and Insurance Appeals Tribunal (“WSIAT”, or the “Tribunal”) recently declared sections 13(4) and (5) of the Workplace Safety and Insurance Act, 1997 – which preclude entitlement to WSIB benefits for chronic mental stress – to be unconstitutional. That decision,