WSIAT Hearing Win for Paul J. Barnes

Our Paul Barnes was recently successful at the Workplace Safety & Insurance Appeals Tribunal, obtaining an Order from Vice Chair Jay Josefo barring a substantial motor vehicle accident lawsuit from being advanced against the insureds of one of our major clients, as a result of the accident having happened in the course of the plaintiff’s employment duties. 

The decision of Vice Chair Josefo dealt substantially with the plaintiff’s credibility, but also confirmed the “now well-determined” law in Ontario that an itinerant road worker who stops (or who intends to stop) for a coffee/meal/washroom break while traveling between job sites is not engaging in a distinct departure on a personal errand, and thus does not take themselves out of the employment context. 

A copy of Vice Chair Josefo’s decision can be found here.

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