CLASS ACTION: Workplace Safety and Insurance Board (WSIB)
IMPORTANT NOTE: The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

Meeting Dates

  1. Thursday, May 22, 2014 at 7:30pm
    Hall "A" Malton Community Centre
    3540 Mornings Star Drive

  2. Wednesday, May 28 at 7:30pm
    Main Hall -Stephen Leacock Community Centre
    2500 Birchmount Road, Toronto

Summary of Case

This action is against the Workplace Safety and Insurance Board (the “WSIB”). The WSIB is a provincial body corporate, administering the workers’ compensation insurance scheme under the Workplace Safety and Insurance Act in the Province of Ontario.

The action alleges the WSIB improperly reduced Non-Economic Loss (“NEL”) awards due to pre-existing conditions. It is argued that the WSIB has no official policy foundation or rational argument upon which to decrease NEL awards on account of pre-existing conditions in the absence of pre-existing impairments. It is alleged that the WSIB breached its duty to act in good faith and perpetrated a misfeasance in public office, and in the alternative was negligent with respect to how it handled the claims of the Class for NEL awards.

The action against the WSIB was commenced by Statement of Claim. You can access the Statement of Claim here. (

Class Members

The class of persons this action seeks to represent is comprised of: A) All workers whose NEL awards for workplace injuries were reduced by the WSIB due to pre-existing medical conditions that did not impair their pre-accident functioning; and B) who also incurred expenses pursuing administrative appeals of the WSIB decision to reduce their NEL awards.

CONTACT: If you have any questions related to this action please contact Class Counsel by email at:


The law office of Fink & Bornstein Professional Corporation is seeking funds to assist with the costs associated with this class action. Please contact the firm by email or by telephone if you are interested in donating.


We will continue to update this website as developments occur.

If you or your loved one has experienced a work related injury and want a Law Society of Upper Canada Certified Lawyer Specialist to evaluate the WSIB benefits you may be entitled to: Please Call 416-537-0108 for your FREE Case Evaluation.
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