Families of deceased workers can pursue court action: Tribunal

Relatives weren't dependents of workers and weren't eligible for survivor benefits under workers' compensation legislation
|Canadian Employment Law Today

The families of two Ontario workers killed in an automobile accident while being driven to a worksite are not prevented from court action by workers’ compensation legislation, the Ontario Workplace Safety and Insurance Appeals Tribunal has ruled.

TIPS Temporary Help, a Vaughn, Ont., company that supplied temporary workers to worksites for various jobs, used a driver to transport workers from TIPS offices to the worksites. On June 7, 2002, the driver drove the van through a railway crossing barrier and it was struck by a commuter train, killing him and four workers. The families of two of the workers, Yaw Baayah-Boateng and Joseph Lalite, each filed suit in court against the driver’s estate. The driver’s insurance company filed an application to dismiss the suits, arguing the Ontario

Workplace Safety and Insurance Act