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Gossip, Personality Conflicts were not Harassment under Ontario OHSA: OLRB

The Ontario Labour Relations Board has dismissed a reprisal complaint under the Occupational Health and Safety Act because the employee’s […]

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

Disability-Management Specialist Facing Human Rights Complaint; Tribunal Grants Access to Health Files

A disability-management specialist working for the Toronto Transit Commission is facing a human rights complaint.  The complaint alleges that the specialist, […]

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

Lawyer’s Bullying/Harassment Investigation Report Not Privileged: Care Needed When Using Lawyer as Investigator

An Ontario labour arbitrator has decided that a hospital’s lawyer’s investigation report into a bullying/harassment complaint was not privileged, so […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

“But They Charged the Wrong Company!” Sorry, You Will Still Have to Go Through a Trial

In a case involving an environmental prosecution, an Ontario justice of the peace has concluded that a “wrong company has […]

By Adrian Miedema
  • Caselaw Developments

Is Comfort an Employee Right Under OHSA? Ontario Arbitrator Seems to Say Yes

An Ontario arbitrator has interpreted the Occupational Health and Safety Act to require Loblaws to provide anti-fatigue mats to self-checkout […]

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

Inspector’s Request for Documents was not “Unreasonable Search and Seizure”

An Ontario Justice of the Peace has rejected a roofing company’s argument that a Ministry of Labour inspector’s request that […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Caselaw Developments

Bill 168 Update: OLRB Will Not Hear Harassment-Reprisal Complaint Under OHSA

In previous posts, we reported that the Ontario Labour Relations Board had expressed doubt about whether it has jurisdiction to […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Caselaw Developments
  • Safety - Risk Management

Neglect of Bill 168 forms Basis for Reprisal Complaint

Arguing that his “termination would not have happened” had his employer complied with Bill 168 and thus addressed his harassment […]

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

Safety Co-Ordinator who “Assumed a Passive Role” Convicted under OHS Act

An Occupational Health and Safety Co-ordinator has been found guilty of a violation of Nova Scotia’s Occupational Health and Safety […]

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

Acquittal of U.S. Corporate Counsel Shows Importance of Outside Advice in Safety Investigations

A U.S. judge has acquitted an in-house lawyer on obstruction charges, in part because she consulted widely with outside counsel.  […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Caselaw Developments
  • Safety - Risk Management

Threats are “Violence” Post-Bill 168: Firing of Long-Term Employee Upheld

Workplace threats are now “violence” in Ontario and justify strong discipline, the decision of an Ontario arbitrator suggests.  Bill 168 […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Safety Charges Reinstated after Errors Sent Case “Off the Rails”

An Ontario Superior Court judge has reinstated an Occupational Health and Safety Act prosecution that “went off the rails” because of […]

By Adrian Miedema

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