Canadian Contractor

Our most viewed video of 2013: Drywaller sues WSIB for $6-million, alleging "negligent" audit that cost him his firm

Visit wsibdefence.ca to learn more about Sean Keane's legal battle against the WSIB for the way it audited him


November 17, 2013
By Steve Payne

This video, which we posted about a month ago, has become the most-watched video in the two-year history of our website.

Sean Keane, president of Keyon Drywall, was audited by the Ontario WSIB in 2006. By 2007, they were hitting him up for $340,000 in back-premiums for his workers (averaging around 50), which WSIB claimed were employees. Keane claimed they were independent operators. After great difficulty in getting a proper hearing, WSIB withdrew its claim for the $340,000, more than three years after Keane was first asked to pay up. The WSIB admitted that it had been… wrong.

But Keyon Drywall had folded by this time.

In 2010, Keane decided to sue the WSIB for their “negligent” audit.

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The Durham, Ont.-based con has decided to publish all his court documents – and a lot of other paperwork supportive to his case – at a website he has just launched called wsibdefence.ca.

The lawsuit is nowhere near resolution more than three years later. Another round of “examination for discovery” (essentially, both sides declaring their evidence openly) won’t take place until March.

 


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2 Comments » for Our most viewed video of 2013: Drywaller sues WSIB for $6-million, alleging "negligent" audit that cost him his firm
  1. Dave Fagin says:

    The Wsib has simply put in place a cash grab to hurt most legitimate contractors. The ones operating under the radar will continue to do so. The system is broken and cannot be fixed on the back of good people trying to make an honest living.
    When will our toothless tiger government reign in this out of control organization and set it on a productive course to do what it really should. Protect the workers!

  2. Sean Keane says:

    Steve thank you for your support, I guess a lot of people by simply viewing the video or some of my comments about WSIB or accusing us of shirking our responsibility when it comes to the safety and financial security of those who chose to work with us.

    I created this website for two reasons one more important than the other. It is not important to me how this entire ordeal appears to people who do not understand any of the issues or the legislation. The ARO decision relatively speaks to those issues.
    In that report people will note Keyon like many other contractors were in fact paying premiums to the WSIB for individuals they assumed were their responsibility. For the independents listed on the union portion Keyon paid a percentage to the unions to provide benefits and pension to those Union Members. It was only after two Union Members were severely injured at work did we realize there was an issue. The WSIB treated them as independent operators and provided very little coverage. The Union provided none.

    Before anyone specifically any union who views this gets to upset. The union was not totally at fault, although I will never comprehend why the union disability applies to injuries that occur while not at work is another question. However in their defense that is the rule. WSIB and only WSIB pays for injuries that occur while on the job whether the individual is in the union or not.

    That being said and you will see in the ARO report we agreed to provide that coverage for those individuals union or not who were injured. However WSIB did not meet their responsibility to provide them with a fair benefit. In fact in the reconsideration document at the very end of the second decision you will note something even more damming. The EAS wanted the ARO to investigate one of the injured workers and declare him an employer.

    Yet the most important reason behind this site is as simple as I can portray it. To expose the truth, to give all the other companies WSIB did this to an avenue of defense and last but not in the least THEY ARE NOT TO BIG TO FIGHT

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