“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, […]
Caselaw Developments
Alberta Court of Appeal confirms that directors may be held personally liable for injuries sustained in a workplace incident
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, […]
Ninety-day administrative driving suspension for impaired driving was not just cause to fire Assistant Fire Chief
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 […]
“Communications and conduct” of employer’s lawyer regarding sexual harassment investigation were not privileged, could be referred to in Claim, court decides
Over the objections of a company’s employment lawyer, an Ontario court has permitted an employee to refer, in her Statement […]
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 […]
Female police officers’ class action claiming gender harassment dismissed because arbitrator, not courts, had jurisdiction
A group of female police officers has lost its bid to bring a class action in the courts for gender […]
Safety manager wins wrongful dismissal suit: he had not failed to complete assigned tasks, court decides
An Alberta safety manager has won $28,000 in damages after he was fired by his employer. The employer argued that […]
Court declines to quash “bid ban” imposed by City on paving company for safety and other reasons
A recent Ontario court decision illustrates the serious business implications that Occupational Health and Safety Act compliance issues or disputes can […]
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. […]