Caselaw Developments Prosecutions / Charges Alberta Court of Appeal clarifies what the Crown must prove in a general duty offence By Cristina Wendel
Caselaw Developments Prosecutions / Charges Safety - Risk Management Owner of electrical contractor, who transferred assets due to looming charges, held personally liable for company’s $430,000 regulatory fine By Adrian Miedema
Caselaw Developments Prosecutions / Charges OHSA charges in fatality case dismissed for delay. Crown did not have “concrete plan” to move case along By Adrian Miedema
Caselaw Developments Prosecutions / Charges “Distracted” by cell phones, forklift operators were guilty of OHSA offence By Adrian Miedema
Caselaw Developments Prosecutions / Charges Employer ordered to pay fine of $100,000 following a fatal workplace incident at a road building construction site after court accepts joint submission By Cristina Wendel
Caselaw Developments Prosecutions / Charges Out-of-business company that did not defend OHSA charges, fined $1.3 million after two workers killed By Adrian Miedema
Caselaw Developments Prosecutions / Charges $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 By Adrian Miedema
Caselaw Developments Prosecutions / Charges Fact of accident, without more, is not enough to convict on OHSA charges, appeal court decides By Adrian Miedema
Caselaw Developments Prosecutions / Charges Court finds that “accident as prima facie breach” principle precludes an order for particulars on an OHSA “general duty” charge By Cristina Wendel
Caselaw Developments Prosecutions / Charges In important decision, Ontario appeal court says that general duty clause in OHSA can impose higher obligations than specific requirements in regulations By Adrian Miedema
Amendments to Safety Laws Prosecutions / Charges Ontario proposing to triple maximum OHSA fine to $1.5 million, change limitation period for laying charges By Adrian Miedema
Caselaw Developments Prosecutions / Charges Court should be careful not to measure the practices of “smaller concerns” against those of large companies with far more resources, Justice of the Peace says in dismissing OHSA charge given due diligence By Adrian Miedema
