Home Featured Ontario cabinet maker who sued employer over injuries has case tossed, court says WSIB has exclusive jurisdiction

Ontario cabinet maker who sued employer over injuries has case tossed, court says WSIB has exclusive jurisdiction

by HR Law Canada

An Ontario Superior Court judge has dismissed a lawsuit by a former cabinet maker against a numbered corporation, ruling there is no genuine issue requiring a trial and that the Workplace Safety and Insurance Board (WSIB) holds exclusive jurisdiction over the claims.

The plaintiff, an engineering graduate from India who began working in Ontario in 1991, alleged injuries sustained at work in 2014 led to loss of earnings and wrongful dismissal. However, Justice Shin Doi ruled that the WSIB’s exclusive jurisdiction over workplace injury claims and a statutory limitation period nullify the plaintiff’s lawsuit.

“WSIB has already adjudicated the plaintiff’s claims for loss of earnings and the plaintiff’s actions against WSIB have been dismissed,” stated Justice Shin Doi in the ruling. This decision underscores the WSIB’s role as the primary arbitrator in workplace injuries, leaving no room for parallel litigation in civil courts.

Additionally, claims against other defendants were dismissed due to improper naming and expired limitation periods for filing grievances. Times Kitchen and Times Custom Woodworking were cited as non-legal entities, and no legitimate employment relationship was established with Jose De Sa and 2040766 Ontario Inc., who were also named in the suit.

The plaintiff had sought recompense for alleged discriminatory termination and accommodation failures, but these claims were also barred by the doctrine of res judicata, preventing issues already settled in other tribunals from being relitigated.

“The principles of res judicata and abuse of the court process support dismissal of the plaintiff’s action with respect to the issues of accommodation, discriminatory termination, and forgery,” the judge added. This ruling reinforces the binding nature of previous tribunal decisions and the importance of timely legal action within prescribed limits.

Costs for the proceedings are pending as parties have been given 14 days to make submissions if an agreement on the matter is not reached.

For more information, see Chodha v. Times Kitchen, 2024 ONSC 2384 (CanLII).

You may also like

About Us

HR Law Canada is dedicated to covering labour and employment news for lawyers, HR professionals and employers. Published by North Wall Media.