Two-Thirds of Corporations that Fought OHSA Charges at Trial Lost: FMC Study
An FMC study of 18 months of unpublished Ministry of Labour data has found that two‐thirds of corporations that fought […]
Prosecutions / Charges
Sufficient to Alert Worker’s Supervisor – not Worker Himself – to Hazard: OHSA Charge Dismissed
An Ontario court has dismissed a charge against an employer of failing to acquaint a worker with a hazard, because […]
Most Corporations Plead Guilty to OHSA Charges; Most Supervisor / Worker Charges Withdrawn
An FMC study of unpublished Ontario Ministry of Labour data has shown that 68% of corporations charged under the Ontario […]
OHSA Defendants May Ask Prosecutor for MOL Inspector’s Criminal Record
Companies and individuals charged under the Ontario Occupational Health and Safety Act may ask the prosecutor to provide the Ministry […]
Engineer, Architect Not Guilty of OHSA Charges in Wall Collapse: Limitation Period Bars Charges
An engineer and architect were not guilty of Occupational Health and Safety Act charges where the wall collapsed more than […]
Statistical Analysis of 863 Ontario Occupational Health and Safety Act Prosecutions: FMC Releases Report
More than two-thirds of Ontario companies charged under the Occupational Health and Safety Act plead guilty. Defendants who plead guilty […]
MOL Safety Inspectors Should be “Compliance-Focused” not “Enforcement-Focused”: Ontario’s “Regulator’s Code of Practice”
Employers who deal with Ontario Ministry of Labour inspectors may wish to review the Ontario government’s Regulator’s Code of Practice. […]
Ontario Village Pays $75,000 Fine in Death of Volunteer Firefighter During Ice Water Training Exercise
This is the week for blog posts on volunteer fire departments. The situation involving the Village of Point Edward, near Sarnia, was […]
Volunteer Fire Department’s Actions Being Scrutinized by Court under OHSA: 2 of 3 Remaining Charges Dismissed
In an unusual case, the Ontario Ministry of Labour has charged a small town’s volunteer fire department with safety offences […]
“But They Charged the Wrong Company!” Sorry, You Will Still Have to Go Through a Trial
In a case involving an environmental prosecution, an Ontario justice of the peace has concluded that a “wrong company has […]
Inspector’s Request for Documents was not “Unreasonable Search and Seizure”
An Ontario Justice of the Peace has rejected a roofing company’s argument that a Ministry of Labour inspector’s request that […]
Safety Co-Ordinator who “Assumed a Passive Role” Convicted under OHS Act
An Occupational Health and Safety Co-ordinator has been found guilty of a violation of Nova Scotia’s Occupational Health and Safety […]