(intervention only)
The HRLSC was invited by the Tribunal to intervene in a leading case to determine whether the Workplace Safety and Insurance Board (WSIB) is in fact a service. The Tribunal assigned a three-person panel. The Applicant was challenging a WSIB policy that denied him benefits because of the nature of his disability – chronic stress. The WSIB challenged the jurisdiction of the Tribunal to hear the application.
The Tribunal determined that it had jurisdiction to hear the application and to determine if the WSIB policy was discriminatory. It found that it can hear and decide a claim that a statutory benefits scheme had denied benefits on a discriminatory basis, even if the denial is contained in a decision of the other statutory body. The provision of benefits was held to be a “service” under the Code.
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