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Arbitrator May Not Award Damages for Workplace Injury where Worker Entitled to WSIB Benefits

An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain […]

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

Excessive Hours of Work Could be Safety Issue: OLRB

Working excessive hours could pose a safety issue, the Ontario Labour Relations Board has held in refusing to dismiss a […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Record $1.050 Million Fine under Ontario OHSA

An Ontario judge has imposed a $1,050,000 fine against Vale Canada Limited, the highest fine ever imposed under the Ontario […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

OHSA Charges may Proceed against Insolvent Company in CCAA Proceedings: Court

Occupational Health and Safety Act charges could proceed against an insolvent company even though it had obtained protection from its […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Fired Employee Failed to Prove that Depression, Harassment Drove him to Fight: Court

An employee who was fired for fighting after being harassed, did not prove that his harassment or depression caused him […]

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

$750K Fine for “Extreme” Criminal Negligence: “More Serious” than OHSA Offences, says Appeal Court in Metron Construction Fatality Case

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 […]

By Adrian Miedema
  • Caselaw Developments
  • Other Safety Developments

“A parking lot is not just a parking lot”: Scooter accident was WSIB issue, employee’s lawsuit barred

An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“Smiley Face”, Friendly Tone Showed E-mail Exchange Not Harassing: Arbitrator

A supervisor’s e-mails to an employee were not harassing, an arbitrator has held, noting the employee’s friendly tone – “great […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Harassed Employee’s Work Refusal Illegal: Court

An employee did not have a right under occupational health and safety legislation to refuse work due to harassment, a […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

$410,000 in Fines in Non-Fatal Accident at Plastics Company

An Ontario court has handed down near-the-top-of-the-range fines in an industrial accident that resulted in non-fatal injuries.  Fines of that […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

“Inherently dangerous business” requires “high degree of attention to detail” in safety training and supervision: Court

Dangerous workplaces require particularly careful training and supervision, a judge has stated in convicting a propane company.  The judge found […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Company Convicted of OHSA Charges After Criminal Negligence Charges Withdrawn in Fatality

A crane rental company has been convicted of charges under the Occupational Health and Safety Act and fined, after criminal […]

By Adrian Miedema

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