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Subjective vs
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Injured Worker Wrongful Conviction of IWs
for Allegded Fraud(current)

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Important Caselaw - Wrongful Conviction of Injured Workers for Allegded Fraud

Knowledge and Information for Injured Workers, by Injured Workers

Wrongful Conviction of Injured Workers for Allegded Fraud



Workplace Safety and Insurance Board v. Curtis, 2018 ONCA 441

In this case three injured workers were charged by Ontario's WSIB, some would say persecuted, for allegedly failing to report a material change in circumstance.
I had the opportunity to attend this hearing at the Court of Appeal for Ontario. I remember what the president of the panel of the Court of of Appeal said to the WSIB, like it was yesterday. "Is it not enough you took their benefits away, you have to charge them as well?"

Sadly that message went right over the WSIB's head!


Ontario (Workplace Safety and Insurance Board) v. Fata, 2019 ONCJ 287

In this case, an injured worker was charged for allegedly failing to report a material change. The matter from charge to trial was more than five years. As such the trial judge dismissed the charges based on an infringement of s. 11b of the Charter.