Prosecutions / Charges - Dentons Canadian Occupational Health & Safety Law

Alberta Court of Appeal clarifies what the Crown must prove in a general duty offence

By Cristina Wendel

Owner of electrical contractor, who transferred assets due to looming charges, held personally liable for company’s $430,000 regulatory fine

By Adrian Miedema

OHSA charges in fatality case dismissed for delay. Crown did not have “concrete plan” to move case along

By Adrian Miedema

“Distracted” by cell phones, forklift operators were guilty of OHSA offence

By Adrian Miedema

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

Out-of-business company that did not defend OHSA charges, fined $1.3 million after two workers killed

By Adrian Miedema

$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

Fact of accident, without more, is not enough to convict on OHSA charges, appeal court decides

By Adrian Miedema

Court finds that “accident as prima facie breach” principle precludes an order for particulars on an OHSA “general duty” charge

By Cristina Wendel

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

Ontario proposing to triple maximum OHSA fine to $1.5 million, change limitation period for laying charges

By Adrian Miedema

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