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Caselaw Developments

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  • Safety - Risk Management

Unsafe-Truck Complaint Gets Probationary Employee Fired – and Damages for Safety-Reprisal

An Ontario employer has been ordered to pay 24 weeks’ wages to a 12-week probationary employee who was fired after complaining […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Farm Employer Guilty: “Accident Waiting to Happen” in Case of Sinking Trailer that Rose Again

A farm employer has been convicted of a charge under the Occupational Health and Safety Act where portable steps being used […]

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

Supervisor Fined for Disturbing Accident Scene

An Ontario supervisor has been convicted and fined under the Occupational Health and Safety Act for disturbing an accident scene. […]

By Adrian Miedema
  • Caselaw Developments

Supervisor’s Violation of Lockout “Cardinal Rule” Did not Justify Dismissal: Appeal Court

The Ontario Court of Appeal has upheld a trial judge’s decision that an employee’s violation of a lockout rule was […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Caselaw Developments
  • Violence and Harassment

Employer Violated Workplace Violence Law: Ontario Arbitrator

An Ontario arbitrator has found that an employer violated Bill 168 which introduced workplace violence provisions into Ontario’s Occupational Health […]

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

Despite Possible OHSA Charges, Employer’s Appeal of MOL Inspector’s Order May Proceed

An employer’s appeal of a Ministry of Labour inspector’s compliance orders may proceed, despite the inspector’s ongoing investigation into possible […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Safety - Risk Management
  • Safety Professionals - Practice Issues
  • Violence and Harassment

When is an MOL Notice of Workplace Accident Required? Ontario Court of Appeal Clarifies

Many Ontario employers will be relieved by an Ontario appeal decision that clarifies – and limits – the obligation to […]

By Adrian Miedema
  • Caselaw Developments

Court Orders Employee to Pay $112,792.70 “Overpayment” Back to WSIB

The Workplace Safety and Insurance Board has won a court order requiring an employee to pay back a $112,792.70 “overpayment” […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations

Work Refusal Process May not be Used to Challenge Employer’s Established Practices: OLRB

In a long-running and bitterly-fought case involving prison guards, the Ontario Labour Relations Board has held that the work refusal […]

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

Union asks Court to Initiate Safety Prosecution Against Employer

A union has taken the unusual step of asking the Federal Court to order the federal Minister of Labour to […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Employer Fined $85,000 for Failing to Maintain Vehicle’s Brakes

There may be many good reasons for employers to maintain their vehicles, but one reason not often considered is avoidance […]

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

Supervisor’s Criminal Safety Charges Going to Trial

An Ontario judge has decided that criminal charges against a Project Manager should go to trial. The charges against Vadim […]

By Adrian Miedema

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