Assume that you are a licensed paralegal. Use the Seneca @York address and phoneand fax numbers as your own. You will be representing the employer. Your Law SocietyNumber is the first initial of your last name, followed by 55801. Using the fact scenariobelow, complete the following: prepare written submissions on behalf of the employersupporting the employer's position that the WSIB should not allow the employee's claim for benefits. In your submissions, refer to and apply at leastthree (3) relevant WSIB operational policies and one (1) relevant case. Yourargument must not be longer than three (3) typewritten single-sided pages(double-spaced; no smaller than Tahoma or Arial 11 pt. font). Attach yoursubmissions to the Intent to Object, suitably referenced therein. Do notreference operational policies that are for administrative or procedural matters;use operational policies that are relevant to the substantive issues in this matter.(15 Marks)Page 1 of 3

FACT SCENARIOElrond Rivendell (date of birth is June 15, 1980) is an employee of Incredible WidgetManufacturing Inc. ("Widget"). Widget's head office is located on the third floor of a sprawlinglow-rise complex at 94 Bakers Road, Suite 301 in Toronto, M2X 6K4. Widget rents this spacepursuant to a multi-year lease. Elrond started working at Widget as a warehouse worker onMarch 1, 2015 and he has never worked for anyone else since then. He was promoted toJunior Manager on March 10, 2019. Elrond works at Widget's warehouse, which is at adifferent location, about 4 kilometres from the head office. Elrond attends operational meetingsat the head office for part of the day on Wednesdays. His social insurance number is 898 464576. He resides at 45 Imladris Crescent, Markham L4P 1J6.On December 19, 2023 Elrond and Legolas Greenleaf, a warehouse worker, were to attend ameeting at the head office at 9:30 AM. They drove from the warehouse to the head officetogether, parked in the parking lot in a spot designated for visitors of Widget and then walkedto Ye Olde Donut Shoppe at 96 Bakers Road to buy a dozen donuts for the meeting. Althoughno one had asked him to do this, he vividly recalled the previous week's meeting and the sad,downtrodden looks of dismay and groans from the attendees when they realized that donutsweren't also "in attendance". He didn't want that to happen again and was certain donutswould be a welcome addition to the meeting! After leaving Ye Olde Donut Shoppe, Elrond andLegolas vigorously debated the likelihood of a Stanley Cup Parade in Toronto in the summer.Elrond was carrying a large coffee in one hand (a Ye Olde Double Double) and a Boston Cremedonut (affectionately known as a "BC") in the other. Legolas was also carrying a coffee in onehand and the box of donuts in the other hand. In order to continue their debate (and to giveElrond extra time to savour his BC), rather than enter through the front entrance and take thestairs or elevator to the third floor, Elrond and Legolas decided to take the long way around theoffice complex and enter the building through the door by the service ramp at the other end ofthe complex. At 9:20 AM, as they were walking up the service ramp, Elrond lost his grip on hisBC while waving his arms in excitement about the anticipated Stanley Cup Parade. The BC flewseveral few feet away, rolling and landing near a railing. With the fate of the donut clearlyobvious to both, the scene quickly turned into a hockey vignette with both Elrond and Legolaschasing the BC, its yummy pudding-like centre now oozing out onto the ramp, as they bothtried to recover the loose "puck". While trying to kick the donut Elrond was gently bumped byLegolas. As a result of the contact with Legolas, Elrond slipped on the donut. Elrond's arm flewup, knocking Legolas to the ground. Elrond lost his balance, flipped head first over the railingand tumbled to the pavement six feet below.As Elrond lay on the ground, Legolas saw blood gushing from Elrond's forehead above his lefteye. Elrond sat up and was wincing and holding his left ankle which had twisted under himwhen he landed. Legolas took the napkins from the box of donuts and pressed it against thewound to try and stop the bleeding and immediately called the Senior Manager, AragornStrider, to come and assist. Aragorn was at the head office for the meeting as well.Legolas received no injury whatsoever; and yes, the donuts were unharmed.Aragorn arrived within a few minutes of the incident and arranged for Elrond to go by taxi to anearby walk-in clinic, Body Repair Inc. At the clinic, they did an x-ray of his left ankle,confirming that it wasn't broken but was only sprained. They wrapped the ankle with a tensorPage 2 of 3

bandage and gave him crutches. They also performed an x-ray of his skull and confirmed thatthere was no fracture. They stitched the gash over Elrond's eye - 6 stitches in total. He wasalso diagnosed with a mild concussion. He was prescribed Tylenol 3 with Codeine for pain andtold to ice both his head and ankle every 2 hours. The clinic's doctor advised Elrond to stayhome from work for the remainder of that week, and to return to part time work (50% time)the following week.Elrond did not return to work that day (December 19th) but contacted Aragorn to provide anupdate. Based on the doctor's advice, Aragorn and Elrond agreed that Elrond would return topart time work (50%) on Friday, December 29th, 2023. On that day he would go back to hisregular job, but would be working half days. They do not want him back full time right awaybecause of the concussion.Aragorn completed a detailed report and, before he left work that day, handed it to thePresident and CEO of Widget, Arwen Evenstar, so she could report the accident as required.Arwen completed and submitted Form 7 to the WSIB the following day. On Form 7, Widgetindicated in Box C12 that it had concerns about the worker receiving WSIA benefits andattached a brief note that it believed the accident was not work-related, given thecircumstances.Elrond earns $31 per hour, and his normal work week before the accident, was 7:30 a.m. to4:30 p.m. Monday to Friday, with one hour for lunch between 12 p.m. and 1 p.m. He was notpaid for his lunch hour. When he goes back on December 29th he will work from 8 a.m. to 12noon. Elrond is expected to return to full working hours (his pre-accident hours and schedule)commencing January 9th. Elrond has not received any pay since the accident.The day following the accident, Elrond completed WSIB Form 6 to claim WSIA benefits,including lost wages (Claim number 30987314). After careful consideration of all theinformation provided (and adhering to all administrative law procedural fairness requirements!),the front-line WSIB decision-maker allowed Elrond's claim for benefits. The decision letter wasdated January 16, 2024 and sent to the appropriate addresses. The decision letter wasthorough and canvassed all matters relating to the information provided. Arwen contacted thedecision maker to discuss the decision and tried to persuade the decision maker that Elrondshould not be entitled to benefits. The decision maker did not change their mind.Arwen Evenstar has approached you, a licensed paralegal, to take the necessary steps to helpWidget to object to the decision made by the front-line WSIB decision-maker as Widget believesthe accident did not arise out of and in the course of Elrond's employment.