“Dated” MOL information related to same workplace not “obviously relevant” to guarding charge, court finds
In a recent Ontario decision regarding the Crown’s obligation to disclose documents in an Occupational Health and Safety Act prosecution, […]
Prosecutions / Charges
Appeal Court Refuses to Reinstate Jail Sentence … This Time
WSIB fraud requires a wilful act, like tax evasion, appeal court decides
The WSIB must prove that a worker intended to obtain WSIB benefits to which he or she was not entitled, […]
Alberta Court of Appeal clarifies what the Crown must prove in a general duty offence
The Alberta Court of Appeal recently provided clarity on what the Crown must prove in a prosecution under the general […]
Owner of electrical contractor, who transferred assets due to looming charges, held personally liable for company’s $430,000 regulatory fine
In what appears to be a novel decision in the regulatory context, a judge has held an owner of an […]
OHSA charges in fatality case dismissed for delay. Crown did not have “concrete plan” to move case along
An Ontario appeal judge has upheld the dismissal of Occupational Health and Safety Act charges against employees due to delay. […]
“Distracted” by cell phones, forklift operators were guilty of OHSA offence
Two forklift operators at a bottling plant have been found guilty after they were served with tickets under the Occupational Health […]
Employer ordered to pay fine of $100,000 following a fatal workplace incident at a road building construction site after court accepts joint submission
The Territorial Court of the Northwest Territories considered and accepted a joint submission from the Crown and defence, sentencing the […]
Out-of-business company that did not defend OHSA charges, fined $1.3 million after two workers killed
A defunct mining company that went out of business in 2016 has been fined $1.3 million under the Ontario Occupational Health […]
$5.3 million combined OHSA / EPA fine upheld on appeal in Sunrise Propane case: worker’s actions after explosions showed that he was not properly trained
The dramatic explosions at a propane facility in Toronto in 2008 resulted in the tragic death of one worker and […]
Fact of accident, without more, is not enough to convict on OHSA charges, appeal court decides
A trial judge was wrong to find a City guilty of Occupational Health and Safety Act charges solely because an accident […]
Court finds that “accident as prima facie breach” principle precludes an order for particulars on an OHSA “general duty” charge
The “accident as prima facie breach” principle has been before the court in several recent cases, often with some discrepancy […]