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Dentons Canadian Occupational Health & Safety Law

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Caselaw Developments

  • Caselaw Developments
  • Violence and Harassment

City inspector who engaged in two separate physical attacks at work was fired for cause: “that risk must be removed from the workplace”

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Well-trained worker’s negligence, which was unforeseeable, caused his death: company not guilty of OHSA charge

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Appeal judge reduces $250,000 fine to $80,000, and sets aside jail terms against company directors in workplace fatality

By Adrian Miedema
  • Caselaw Developments

Employer did not terminate worker’s employment because he had raised safety concerns

By Cristina Wendel
  • Caselaw Developments
  • Violence and Harassment

Town employees did not have a reasonable basis to fear violence from protester: “violence is not the mere absence of civility”, appeal court states

By Adrian Miedema
  • Caselaw Developments

Attendance management program was not discriminatory, appeal court decides

By Adrian Miedema
  • Caselaw Developments

WSIB violated Human Rights Code in dealings with injured worker who had psychological conditions, human rights tribunal decides

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

Appeal court upholds $270,000 fine in OHSA matter – when MOL and company agreed on $180,000

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

Experienced tanker truck driver had right to refuse to drive refrigeration truck without additional training, OHS appeals tribunal rules

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Ontario employers are not, as a general rule, answerable under the OHSA to employees for workplace harassment by fellow employees or managers: arbitrator

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Saskatchewan Court of Appeal confirms acquittal following workplace fatality in grain terminal

By Cristina Wendel
  • Caselaw Developments
  • Prosecutions / Charges

Citing unfairness, court throws out criminal negligence charge against boom truck operator that was laid after his guilty plea to related OHSA charge

By Adrian Miedema

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