- Right to sue
- Harassment
The plaintiff, a police officer, experienced workplace harassment and bullying starting in March 2016, which led to a WSIB claim for PTSD related to her employment. She and her children subsequently filed a civil action against various defendants, including her employer and co-workers, alleging damages for several torts and misconduct.
The defendants argued that the plaintiff's civil claims are barred because they relate to the same personal injury (PTSD) for which she received WSIB benefits, and thus her rights of action against the employer and executive officers are taken away under sections 26(2) and 28(2) of the WSIA. They also claimed that the rights of her children are similarly barred. The Panel denied the application. The Panel referenced the Divisional Court decision in Morningstar v. WSIAT, which criticized the "inextricably linked" test for barring civil claims solely because they share facts with compensable workplace injuries. The Panel agreed that different causes of action can coexist based on the same facts and that rights of action should not be automatically extinguished due to factual linkage alone. Instead, the key question is whether the alleged conduct falls outside the employment relationship and the WSIA's protective scope. The Panel noted prior decisions indicating that conduct so egregious it breaks the employment nexus is not protected by the WSIA and can give rise to common law claims. Such conduct includes malicious acts unrelated to normal workplace activities. The plaintiff's claims include civil conspiracy, misfeasance in public office, negligence, defamation, and abuse of non-criminal proceedings, as well as physical and sexual assault by the plaintiff's ex-spouse. The Panel found these claims transcend the boundaries of the WSIB claim and collective agreement, involving alleged abuse of authority inside and outside the workplace. The Panel denied the application, concluding that the rights of action of the plaintiff and her children are not taken away by the WSIA and that their civil claims may proceed in the Superior Court.