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Dentons Canadian Occupational Health & Safety Law

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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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Unauthorized supervisor decided to “solve the problem himself”, caused accident – OHSA charges against company dismissed

An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Fired employee’s Facebook post calling company “s—hole” showed dismissal for workplace outbursts, threat was indeed appropriate

An employee who yelled and swore at a manager about a written test for a maintenance position, and a few […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Delay in OHSA prosecution was not unreasonable: charges not stayed

Even though the case took more than two years to get to trial, an Ontario court has refused to halt […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

Federal employers not required to inspect workplaces that they don’t control: court

The Federal Court has decided that federally-regulated employers are not required to conduct inspections of places not under their control […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management

Ontario man fined $6,000 for illegal use of “professional engineer” title when seeking job

An Ontario man has been found guilty of three counts of violating the Professional Engineers Act by using the protected […]

By Adrian Miedema
  • Caselaw Developments

HRTO sets protocol for employers to use their own occupational health and claims management file to defend human rights complaint

The Human Rights Tribunal of Ontario has set out criteria that an employer must satisfy in order to use its […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Reverse burden of proof sinks no-show employer: OLRB awards more than $25,000 for safety-reprisal

An employer that failed to attend a safety-reprisal hearing has been ordered to pay two employees damages of more than […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Medical marijuana-using welder must give employer treatment records: arbitrator

A worker who used medical marijuana has been ordered to give his employer any medical records touching on his treatment. […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Australian employee wins workers compensation benefits after coworker takes covert photographs of her

An Australian employee has won her bid for workers’ compensation benefits for psychological injury after she learned that a coworker […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Vague OHSA charges must be clarified: court orders prosecutor to provide particulars of charge

A judge has ordered a prosecutor to provide “particulars” of a vague charge under the Nova Scotia Occupational Health and […]

By Adrian Miedema
  • Caselaw Developments

OHS caselaw update at Dentons’ June 10th employment law seminar in Toronto

Adrian Miedema will be leading a presentation entitled “Recent OHS Cases of Interest” at Dentons’ complimentary half-day employment law seminar in Toronto on […]

By Adrian Miedema

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