The second wave of COVID-19 infections threatens to undermine the significant progress we have made in establishing a balance that takes account of the need to jump-start the economy and the legitimate safety concerns of workers returning to their jobs. The government and regulatory bodies in Ontario and Canada have established protocols and standards aimed at reducing the risk of spreading the virus. 

It is up to each employer to ensure that appropriate measures are implemented and maintained. There are no systems in place to ensure compliance, but the Ministry has taken measures to increase inspections and has added 60 officials to support employers and employees in the field.

Employees are justifiably concerned that adequate measures are put in place at their workplace, and that their health and safety, and that of their families, are being protected. Often, these employees simply must trust that their employers are holding up their end of the bargain. Employees have the right to file a complaint with the Ministry of Labour, but often the fear of retribution becomes an issue.

In Ontario, there is a general legal duty of care on employers to provide a safe workplace for workers and third parties. This general duty applies to the current COVID-19 crisis. If the duty is not met (for example, an employer refuses to ensure that physical distancing is maintained), an employee might be able to start a lawsuit seeking damages.

However, in practice, many injured workers cannot exercise this right. The Workplace Safety and Insurance Act (WSIA), which governs Workplace Safety and Insurance Board (WSIB) claims, establishes a “no-fault” system that provides benefits to eligible employees who have suffered a workplace injury in exchange for removing the employee’s right to sue. 

Click here to read six steps an employee who has contracted COVID-19 can take when considering whether to start a lawsuit against their employer.

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On June 3, more than two months after Ontario declared a state of emergency, the Financial Services Regulatory Authority of Ontario (FSRA) released an Interpretation titled: “Statutory Accident Benefits Claims during the COVID-19 Outbreak.” Its declared purpose is “to provide FSRA’s Interpretation of the requirements of subsections 1(9), 3(2)5 and 6(1) of O. Reg. 7/00 — Unfair or Deceptive Acts or Practices under the Insurance Act” in the context of statutory accident benefits (SABs) claims during the COVID-19 crisis.

These subsections set out the following as unfair or deceptive acts or practices:

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Motor vehicle accident lawsuits in Ontario are often decided by juries, and one personal injury lawyer would like to change this.

Read More about Why this trial lawyer wants to ban civil jury trials

Click Here to know more about the case for abolishing civil jury trials

Ontario should follow Quebec’s lead and abolish civil jury trials. A jury trial in a civil case is not a constitutional right, as it is in criminal cases. Even before the COVID-19 pandemic, civil jury trials added to unnecessary delay and expense in the civil justice system. But now, with tax revenues collapsing, provincial budget deficits soaring and our courts in an unprecedented lockdown as a result of the pandemic, there is much greater urgency in addressing the defects of our civil justice system. The abolition of civil jury trials is a simple solution that would save both time and cost in our court system.

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