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Caselaw Developments

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Class Action Proceeds Against MOL for “Negligent Inspection”

In a case that will be closely watched, an Ontario judge has permitted a class action lawsuit against the Ministry […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

OHS Consultant Loses OHS Reprisal Case

A health and safety consultant has lost his case against his employer, a health and safety association, in which he […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management

Real Estate Project Management Firm Fined $100,000 in Workplace Fatality

The death of one of its subcontractor’s employees has resulted in a $100,000 fine to a real estate project management […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

MOL Inpector had not “Pounced” after Putting Employer at Ease about Possible OHSA Charges: Court

An inspector’s alleged statement that, “our branch is different up here.  I know in southern Ontario they fine, fine, fine. […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Illegal for Harassment Program to Allow for “Preliminary Assessment”, Early Dismissal, Employee Arguing at OLRB

A provision in a harassment program allowing for a preliminary assessment of complaints, rather than an investigation,  and for early […]

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

$110,000 Fine Shows it’s Cheaper to Comply with Orders than Disregard Them

I recently wrote about the cost of failing to report accidents or occupational disease claims to the Ministry of Labour. […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues
  • Violence and Harassment

Wave of Harassment Cases Coming to OLRB? New Decisions Cause Concern

May an employee, unhappy with how he or she was treated after filing a harassment complaint with the employer, turn […]

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

Engineer Now Facing Both Criminal Negligence, OHSA Charges in Mall Collapse

Police have laid criminal negligence charges against an engineer in relation to the Elliot Lake mall collapse in June 2012. The […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Violence and Harassment

Backhoe Operator Swings Worker Around “Four Full Rotations”, Convicted of Criminal Assault

In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in […]

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

Employer Should have Fixed Safety Issue Before Accident, Not After: Safety Fix did not Merit Lower Fine

An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the Occupational Health […]

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

Supervisor Jailed under OHSA after Lying to MOL Inspector, Police

In what is still a relatively rare occurrence, an Ontario supervisor has been sent to jail for violating the Occupational […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Alberta Court imposes large fine for employer in calf-roping case

On October 31, 2013, the Alberta Court of Queen’s Bench released the sentencing decision in R. v. XI Technologies Inc., […]

By Cristina Wendel

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