Misled by Authorities, Defendant Beats Charge: Doctrine of “Officially Induced Error” Applies
Although “officially induced error” – being misled by authorities – is a defence to many types of charges including those […]
Prosecutions / Charges
Directors’ Liability for Safety: Not just Small-Company Directors are at Risk in Ontario
In an unusual development, a director of a medium-sized company has been personally found guilty and fined under the Occupational […]
Bar Owners Facing Wrongful Act Manslaughter Charges after Employee’s Wrong-Way Accident on Highway 401
Companies and their owners are increasingly considering the risk of criminal safety-related charges and fines. We have recently reported on […]
Company President/Supervisor Fined $10,000 in Worker’s Death
Company presidents are at risk of charges and fines under the Occupational Health and Safety Act. This is another example. […]
Cell Phone Driving Law Interpreted: Any “Holding” is Illegal, says Ontario Court
An Ontario appeal court has decided that any “holding” of a cell phone is illegal under Ontario’s relatively new cell […]
Criminal Prosecutor Appeals $200,000 fine in Metron Construction Quadruple Fatality Case
The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a […]
Can Employers be Fined under Safety Laws for Injuries to a Non-Employee?
Can an employer be convicted and fined under the Occupational Health and Safety Act for an accident that resulted in […]
Metron/Swartz Sentencing Decisions now Online: Company Criminally Liable for Site Supervisor’s Actions
On July 13, 2012, the Ontario Court of Justice made its historic sentencing decisions against Metron Construction Corporation and its […]
$30,000 Personal Fine for Construction Supervisor who Violated Known Work Procedure
A construction supervisor was fined $30,000 after pleading guilty to charges under the Occupational Health and Safety Act. The supervisor […]
Convictions in 82% of Incidents/Accidents That Resulted in OHSA Charges
An FMC study of unpublished Ontario Ministry of Labour data has shown that if an accident or incident resulted in […]
$200,000 Criminal Safety Fine for Company, $90,000 OHSA Fine for Director in Deaths of 4 Workers
We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths […]
No Duty to Train Medical Manager on Ladder Use: Not Part of His Job, Says Ontario Court
An Ontario court has held that an employer had no duty to provide safety training to a medical manager on […]