On the second argument, the “historic trade‑off” contemplated by workers compensation statutes was thoroughly explained in Pasiechnyk v. Saskatchewan (Workers’ Compensation Board), 1997 CanLII 316 (SCC), [1997] 2 S.C.R. 890, 216 N.R. 1. In return for losing a potential cause of action against their employers, workers were guaranteed “compensation that depends neither on the fault of the employer nor its ability to pay. Similarly, employers were forced to contribute to a mandatory insurance scheme, but gained freedom from potentially crippling liability.”: Pasiechnyk at para. 25.
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