A worker who delayed reporting an alleged workplace accident has claimed that his employer discouraged employees from reporting, but the Ontario Workplace Safety and Insurance Appeals Tribunal has rejected that claim. The...more
In a decision that affirms a broad definition of “workplace” under the Ontario Occupational Health and Safety Act, the Ontario Labour Relations Board has ruled that hydro trucks, including their aerial lift buckets, were...more
The Ontario Labour Relations Board has held that it has no authority to order the Ontario Ministry of Labour to conduct an investigation into an employee’s safety-reprisal complaint, nor could the OLRB base its decision on...more
An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years.
CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more
We all know that police in Ontario are cracking down on distracted drivers, particularly those handling cell phones or texting while driving. But now a private motor vehicle accident lawsuit is alleging that a driver was...more
We are often asked whether post-accident fixes or improvements by an employer will be held against it if occupational health and safety charges are laid. For example, if an employer puts a guard on a machine after an employee...more
A disability management company charged under the Ontario Insurance Act with knowingly making false or misleading statements to an insurer has been found not guilty. The charges were brought on behalf of the Financial...more
The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an engineer in refusing to suspend a compliance order issued by the inspector under the Occupational Health and...more
Drivers who have a cell phone in hand are committing an offence, even if not using the phone at the time, Ontario’s top court has decided, overturning an appeal judge.
While the driver, Kazemi, was stopped at a stop...more
An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided.
Working excessive hours could pose a safety issue, the Ontario Labour Relations Board has held in refusing to dismiss a complaint that the employee was fired in retaliation for raising safety issues.
An Ontario judge has imposed a $1,050,000 fine against Vale Canada Limited, the highest fine ever imposed under the Ontario Occupational Health and Safety Act. It appears that the previous record fine, handed down in 2010,...more
An employee who was fired for fighting after being harassed, did not prove that his harassment or depression caused him to fight. Therefore, the Human Rights Tribunal of Ontario was wrong to find that his firing was...more
A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more
An employee’s motor scooter accident in her employer’s parking lot was a Workplace Safety and Insurance Board issue, so the employee was not entitled to sue the employer in the court, the Ontario Workplace Safety and...more
A supervisor’s e-mails to an employee were not harassing, an arbitrator has held, noting the employee’s friendly tone – “great game Thurs night” – and use of the “smiley face” in his replies to the supervisor’s e-mails....more
An employee did not have a right under occupational health and safety legislation to refuse work due to harassment, a Nunavut judge has held....more
Dangerous workplaces require particularly careful training and supervision, a judge has stated in convicting a propane company. ...more
A crane rental company has been convicted of charges under the Occupational Health and Safety Act and fined, after criminal negligence charges against it were withdrawn....more
Company owners are not immune from potential convictions and fines under workplace safety laws....more
A B.C. ship’s navigator has been sentenced to four years after he was convicted of criminal negligence causing death for dereliction of duty leading to his ship colliding with an island....more
This case is of the “you thought you had heard everything” variety. An Ontario man has been found guilty under the Criminal Code of dangerous operation of a farm tractor, and his appeal has been dismissed....more
Does an on-shift-employee have a duty to intervene to stop a fight between members of the public – or between other employees? ...more
An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the employee’s truck but had no other evidence of drug use or impairment, a Nova Scotia judge has held....more
An employer’s internal e-mails showed that a “professional standards investigation” conducted on an employee was actually a retaliation for the employee’s work refusal, an adjudicator has held, finding a violation of the...more