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Caselaw Developments

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“Industry standard” is not always appropriate safety precaution, and MOL inspector’s “gut instinct” is not enough to ground compliance order: OLRB

A mining company has won a lengthy dispute with the Ontario Ministry of Labour after satisfying the Ontario Labour Relations […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Prosecutions / Charges
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Does your safety policy require an accident investigation? Court suggests investigation file may not be litigation privileged

An Alberta judge has suggested that if a workplace safety policy or program requires that certain accidents be investigated, then […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Prosecutions / Charges

Criminal negligence conviction for landlord who disregarded Fire Code violations, deceived fire inspector

An appeal court has upheld the conviction of a landlord for criminal negligence causing death after numerous Fire Code violations […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Refusing to provide a written statement to an investigating officer did not constitute obstruction of a safety officer but grabbing him and pushing him out the door did.

This case serves as an example of what degree of conduct will or will not constitute obstruction of an officer […]

By Cristina Wendel
  • Caselaw Developments
  • Violence and Harassment

“I guess I’d have to kill you” remark could not reasonably have been interpreted as a “viable threat”: fired worker entitled to ESA termination pay

A worker’s comment that “I guess I’d have to kill you” was clearly inappropriate but did not constitute wilful misconduct […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations

Judge chides employer that countersued against employee for making allegedly “false” safety complaint to Ministry of Labour

Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Fraud conviction for worker who collected workers’ compensation benefits after returning to job

A Saskatchewan labourer has pleaded guilty to fraud after having been caught collecting workers compensation benefits following his return to […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

OHSA charges dismissed against tourist resort in boating fatality

An Ontario court has dismissed two charges under the Occupational Health and Safety Act against a tourist resort after the Ministry […]

By Adrian Miedema
  • Caselaw Developments

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Employer ordered to reinstate labourer fired day after complaining about knee pain, safety issue

An employee has won a reinstatement order under the Occupational Health and Safety Act after the Ontario Labour Relations Board held that […]

By Adrian Miedema
  • Caselaw Developments

Employee required to produce his medical file to employer in accommodation grievance

After an employee’s union grieved that the employer had failed to return him to work “notwithstanding that he has provided […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees: adjudicator

An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to […]

By Adrian Miedema

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