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WORKERS’ COMPENSATION - Benefits - Payment of benefits - Reduction of usual benefits - Compensability of injuries - Aggravation of pre-existing condition - Legislation - Interpretation - Civil procedure - Pleadings

Friday, April 07, 2017 @ 8:57 AM  

Appeal by Castrillo from an order striking his statement of claim without leave to amend as disclosing no cause of action. Castrillo sought to represent a class of injured workers alleged to have been wrongfully denied the full extent of benefits to which they were entitled under the Workplace Safety and Insurance Act by the Workplace Safety and Insurance Board (WSIB) in a class proceeding. The action was pleaded in misfeasance of public office, bad faith and negligence. For his part, Castrillo sustained a shoulder injury...