You can’t contract out of WSIA
“Court of Appeal: Employee Injury Waiver Declared Void”
Barry Kwasniewski, of Carters LLP, gives employers important information in the Charity & NFP Law Bulletin, No.384, April 28, 2016:
“On January 26, 2016, the Ontario Court of Appeal released a significant decision concerning the enforceability of personal injury liability waivers affecting the legal rights of employees to sue their employers for injuries arising in the course of their employment duties. In Fleming v Massey (“Fleming”), the Court of Appeal held that the waiver signed by the employee was not enforceable as a matter of public policy. In allowing the appeal, the Court of Appeal overturned the judgment of the trial judge, who had granted summary judgment dismissing the employee’s lawsuit based on the waiver.”
For the full text of Mr. Kwasniewski’s briefing, please go here.
For the ONCA decision, please go here.
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