A new lawsuit is seeking to get workers' compensation awarded to hundreds of Ontarians who say they have suffered chronic mental stress due to their work.
The suit was filed last week on behalf of two groups that represent injured workers and an Ottawa woman who says she was sexually harassed when she worked for the city.
In a statement of claim, Margery Wardle says she suffered chronic mental stress as a result of sexualized photos posted at her workplace, as well as being shunned by co-workers and an incident in which she was swarmed by people who shouted obscenities at her.
The lawsuit targets the Workplace Safety and Insurance Board and the government of Ontario, among others.
None of the claims have been proven in court.
Ontario's workplace safety and insurance law allows for compensation to be given in mental illness claims that stem from a sudden or traumatic event, but excludes chronic mental stress that builds up over time, such as in cases of ongoing harassment.
That will change on Jan, 1, when a bill the Ontario government passed this spring comes into effect, allowing workers to get compensation for chronic mental stress stemming from work _ as long as that stress doesn't come from normal workplace changes, such as being laid off or disciplined.
The lawsuit argues it is unconstitutional to deny chronic mental stress claims, and says all cases that are already working their way through the workers' compensation system, or might arise this year, should not be denied on the basis of the current law before the new law comes into effect.