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Buying & Selling a Business

Does buying the business change who's responsible for an ongoing WSIB appeal?

TSL Written by the Treadstone Law team· Updated August 2026

In a share purchase, generally no — the appeal continues as an ongoing matter connected to the same corporate account and employer, and you, as the new owner, effectively step into managing it going forward the same way the previous owner would have, since the underlying employer hasn't legally changed.

In an asset purchase, the appeal is generally tied to the seller's account and their status as the employer at the relevant time, and a properly structured asset deal shouldn't make you a party to that specific appeal, since you weren't the employer involved in the underlying claim or decision being appealed. That said, the outcome of an appeal that's still pending at closing can be relevant to you indirectly, particularly if it affects a claim connected to someone you're continuing to employ, or if it could affect the seller's ability to pay obligations they're taking on under your purchase agreement.

Ask specifically about any pending appeals, their subject matter, and expected resolution, and make sure your purchase agreement addresses who's responsible if the outcome affects amounts owing between you and the seller. A Treadstone business lawyer can help clarify this for your specific transaction.

Key takeaways

  • A share purchase generally means you step into managing an ongoing appeal for the same continuing account.
  • A properly structured asset purchase generally keeps a pending appeal with the seller's own account.
  • The outcome can still matter indirectly where it touches a continuing employee or the seller's obligations to you.
  • Ask about pending appeals directly and address responsibility for outcomes in the purchase agreement.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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