In a Flash: Ontario Court Weighs in on Limits on Worker’s Right to Sue

August 23, 2021

In Ontario, the Workplace Safety and Insurance Act’s expansion of entitlement for mental stress claims, including workplace harassment, questions have come up as to the application of the “historic trade-off,” excluding civil claims for work-related injury, and the legitimacy of constructive dismissal claims coming from workplace harassment or other stress-related injuries.

Recent rulings have the Ontario Divisional Court looking to clarify the limits on civil actions.

Our partners at Mathews, Dinsdale & Clark LLP provide their insights here.



We are proud to announce Merit’s Mental Health Strategy.

This program will keep mental health at the forefront for Merit members, their employees, and families.

We have made available to our members resources to assist in navigating mental health issues in the workplace and at home.