History of Workers Compensation Law in Ontario

Prior to 1885:
Prior to 1885, workers when injured or made ill by their employers workplace were forced to sue their employer and in the majority of cases they lost. in fact according to a research study conducted by a Eric Tucker of Osgoode Hall law School less than 15% of workers were ever successful. This was because employers whenever they were sued by their workers, would have the best lawyers and could easily escape any legal responsibility. The employers often used one of three legal defences:
Contributory Negligence:
This is where the employer would plead that the worker somehow contributed to their work injury or exposure.
Fellow Servant:
This is where the employer would claim that they were not responsible, but that it was a fellow co-worker that caused the work accident and subsequent injuries or exposures.
Assumption of Risk:
This is where the employer would claim that the worker ought o have known the risks of the work and as such the employer should not be held responsible.

Passing of the Workmen's Compensation for Injuries Act of Ontario:
In about 1885 a munition plant in Hamilton Ontario blew up killing five workers. There families, like all families of workers before them, were left penniless. This created great public outrage. Eventually the Liberal government in power at the time passed a law banning the use of the three defences commonly used by employers. The law was never really a workers compensation law by its name sake, but really was a employer liability law by limiting employers use of the common law defences.

Push for better for Workers:
In about 1900 a Professor Moor of the University of Toronto wrote the Ontario Legislature. He pointed out that while close to 50% of workers now were successful in court with their claims, they were still limited by cost of litigation, time limits, and the impossible task of proving the liability to the employer. It is also important to note that many employers had realized that while many workers many not be success the ones that were could effectively bankrupt the employer.

Appointment of Sir William Meredith:
It would take another ten years before the