- Right to sue
- Schedule 1 employer
This right to sue application concerned a slip and fall accident on November 29, 2021, involving the plaintiff/respondent and the defendant/applicant, in which the plaintiff/respondent brought a civil action. It was accepted that the respondent was a worker employed by a Schedule 1 employer under the WSIA at the time of the accident.
The Vice-Chair denied the application. The respondent was not barred from proceeding with her civil action.The accident occurred on the applicant's driveway while the respondent was providing Personal Support Worker services. The application was denied because the applicant was not established as a Schedule 1 employer under the WSIA at the time of the accident. There was no direct employment contract between the applicant and the respondent. The company that employed the respondent was registered with the WSIB, not the applicant. Payments were made indirectly, but the applicant did not employ the respondent within the meaning of the WSIA. The applicant was not registered with WSIB as an employer at the accident date and only obtained coverage after June 10, 2022. Mandatory coverage would not apply as services were not provided over 24 hours per week.