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Supervisor’s OHSA conviction upheld on appeal: prosecutor not required to prove what “hazard” caused concrete worker’s death

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on […]

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

High school machine shop teacher loses work refusal case

A machine shop teacher’s work refusal was not justified, an appeals tribunal has decided, given that the teacher had the […]

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

OHSA conviction, $48,000 fine upheld on appeal: “blocking” of machine required physical block

An Ontario Appeal judge has upheld an employer’s conviction under the Occupational Health and Safety Act for failure to “block” a […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

“Reputable and responsible” owner / operator guilty of OHSA charge after drill rig collapse at York University

After a dramatic and tragic incident in which a large drill rig fell over at York University, fatally injuring a […]

By Adrian Miedema
  • Caselaw Developments

Post-dismissal doctor’s report was relevant: disabled employee reinstated for further consideration of possible accommodation, after evidence that medical condition improved

An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible […]

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

Sidewalk rage? Employee convicted of dangerous driving under Criminal Code after “trying to scare” his boss by driving towards him

An employee has been convicted of dangerous operation of a motor vehicle after he drove towards his boss three times, […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Employer loses wrongful dismissal case after court finds safety rules unclear

An employer has lost a wrongful dismissal case after a court found that its safety rules, which it alleged the […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Despite employee’s concerns with speed, quality and outcome of harassment investigation, no reprisal under OHSA

Even though an employer’s harassment investigation was allegedly slow, inadequate and had a questionable outcome, the employee had not suffered […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Bartender, fired for smoking marijuana at work, loses human rights complaint

A B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift. The bartender […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Unauthorized supervisor decided to “solve the problem himself”, caused accident – OHSA charges against company dismissed

An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Fired employee’s Facebook post calling company “s—hole” showed dismissal for workplace outbursts, threat was indeed appropriate

An employee who yelled and swore at a manager about a written test for a maintenance position, and a few […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Delay in OHSA prosecution was not unreasonable: charges not stayed

Even though the case took more than two years to get to trial, an Ontario court has refused to halt […]

By Adrian Miedema

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