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Caselaw Developments

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Employer did not discourage workers from reporting accidents to WSIB: WSIAT

A worker who delayed reporting an alleged workplace accident has claimed that his employer discouraged employees from reporting, but the Ontario […]

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

Employer may set “terms of reference” for health and safety committee, arbitration board rules

Employers have the power to set terms of reference for the administration and operation of joint health and safety committees, […]

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

Entire vehicle was a “workplace” under OHSA even when only transporting employees, says OLRB

In a decision that affirms a broad definition of “workplace” under the Ontario Occupational Health and Safety Act, the Ontario […]

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

OLRB has no authority to order government investigation of safety-reprisal complaint

The Ontario Labour Relations Board has held that it has no authority to order the Ontario Ministry of Labour to […]

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

Attack on co-worker who warned of unsafe behaviour gets employee 4 years in prison

An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years. CBC […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“Half-hearted and insensitive” response to sexual harassment complaint, flawed investigation, results in $25,000 damage award

A recent case illustrates the importance of conducting a careful, sensitive investigation of sexual harassment complaints.  An employer’s “unpardonable” response […]

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

“Cardinal Rule” Safety Violation Warranted 6-Month Suspension, Last-Chance Order

A millwright who violated his employer’s “Cardinal Rules” by committing a lock-out violation, deserved a six-month suspension and with a […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Driver “talking on cell phone, looking at some papers” before accident, lawsuit alleges

We all know that police in Ontario are cracking down on distracted drivers, particularly those handling cell phones or texting […]

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

Post-Accident Safety Fixes: An Admission of Liability?

We are often asked whether post-accident fixes or improvements by an employer will be held against it if occupational health […]

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

Disability Management Company and Principals Not Guilty of Making False Statement

A disability management company charged under the Ontario Insurance Act with knowingly making false or misleading statements to an insurer has […]

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

Inspector’s Opinion Beat Engineer’s in Request to Suspend OHSA Compliance Order

The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an […]

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

Illegal to Have Cell Phone in Hand, Even for Only a Moment, While Driving: Ontario Appeal Court

Drivers who have a cell phone in hand are committing an offence, even if not using the phone at the […]

By Adrian Miedema

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