Criminal Negligence Trial Against Ship’s Navigation Officer Begins
The CBC is reporting that the criminal negligence trial of Karl Lilgert, Navigation Officer of the ferry, Queen of the […]
Prosecutions / Charges
Supervisor’s Criminal Safety Charges Going to Trial
An Ontario judge has decided that criminal charges against a Project Manager should go to trial. The charges against Vadim […]
No Automatic OHSA Liability After Equipment-Failure Accident: Charge Dismissed where Use of Equipment not “Likely”
Employers are not required to anticipate all safety hazards, however unforeseeable. A recent case illustrates this point. In a tragic […]
Even Careless, Reckless Workers Protected by OHSA: Ontario Court
A Justice of the Peace has reaffirmed that Ontario’s safety laws are intended to protect not only safe workers, but also workers […]
Constant Supervision not Required by OHSA: Ontario Court
The Occupational Health and Safety Act does not require that workers be “contemporaneously supervised at all times”, an Ontario appeal […]
Employer not Liable where Safety Hazard Unforeseeable: Ontario Court
An Ontario appeal court has overturned a conviction under the Occupational Health and Safety Act because there was no basis […]
Construction Contract Clear: Government was Owner but not Constructor
Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, […]
Criminal Guilty Plea from Supervisor Not Present, Not Aware of Hazardous Activity
A supervisor at a Quebec automobile dealership has pleaded guilty to a criminal charge arising out of a workplace accident […]
Driver Charged Criminally in Death of Highway Flag Person
The CBC is reporting that criminal negligence charges have been laid in the highway death in August of a flag […]
Employer May Not Delegate Authority over Safety to Joint Health and Safety Committee: Arbitrator
An Ontario arbitrator has held, in dismissing a union grievance, that it would be illegal for an employer to delegate […]
Should Appeals of Safety Compliance Orders be Stayed While Charges are Outstanding?
A recent Ontario Labour Relations Board decision suggests that employers’ appeals of Ministry of Labour compliance orders should not proceed […]
Fire Department Not Guilty of Remaining OHSA Charge: Caution Required When Scrutinizing Emergency Responders under OHSA, Decision Suggests
In a decision which suggests that fire departments faced with emergencies ought not to be judged too severely with hindsight […]