Splitting the Case When reviewing issues of multiple proceedings through different forums, a further issue to be considered is the prohibition against “case splitting”. Presuming that the employee argues that…

Workers' Comp - Human Rights - Issue Estoppel - Same Question? Same Question The three elements of a successful issue estoppel test are as follows: (1) that the same question…

Return to Work Issues: Workers' Comp vs Human Rights The human rights statute and the workers’ compensation process may each apply concurrently to such an issue as a return to…

Workers Comp & Human Rights: The Interplay Human Rights Violation Not Limited to Human Rights Tribunal As a prelude, it is to be noted that the determination of a human…