The Law of Employers' Liability in Ontario 1861-1900 : The Search for a Theory

This article examines the development of employer liability for workplace injuries in Ontario, Canada, between 1861 and 1900. In the earliest cases, the judiciary slavishly followed English common law precedent, which effectively prevented injured workers from successfully suing their employers. The unpopularity of the law generated pressure for legislative changes to modify the employer's common law defenses, which passed in 1886. The judiciary did not resist these changes and succesful actions for compensation under the act became more common. The article then examines a variety of theories of judicial decision-making to explain this result