Construction Criminal Law

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Ontario OHSA convictions at six-year low in 2013/14, average fine relatively steady

The number of Ontario Occupational Health and Safety Act convictions was at a six-year low in the government’s fiscal 2013/14 year, Ontario Ministry of Labour statistics show. There were 780 convictions in 2013/14,...more

Biggest Risk of Corruption in The Construction Industry - The Global Picture 2014

The construction industry is big business. A recent study has predicted that global construction output will increase by more than 70%, to US$15 trillion per year worldwide, by 2025. The dominant sources of this growth will...more

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

Notes From The 2114 Securities Law Conference

Courtesy of Professor Emmett Brown, I recently attended the 2114 Securities Law Conference and I must say that I was heartened by what I heard there and then. Here are some of my notes from the conference...more

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education...more

Previous Environmental Convictions Considered In Jailing Of Supervisor For OHSA Offences: Court’s Reasons Now Available

A supervisor’s previous violations of the Environmental Protection Act, and failure to pay more than $50,000 in fines for those violations, were a factor in the court’s decision to send her to jail for Occupational Health and...more

Supervisor Jailed 45 Days For Occupational Health And Safety Act Violation

An Ontario supervisor has been jailed for 45 days after a worker fell off a roof and suffered permanent paralysis. Are courts growing increasingly comfortable jailing supervisors for serious safety violations?...more

Engineer Now Facing Both Criminal Negligence, OHSA Charges In Mall Collapse

Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012. The charges against professional engineer Robert Wood are two counts of criminal...more

What’s The Risk Of Not Foreseeing Safety? In Today’s Industry, One Must Endeavour To Pinpoint Workplace Hazards And Then Strive To...

It’s commonplace to say that “careful planning” is an obvious and vital element of any construction project, but it’s only the first foreseeable step in prevention. As all involved in 21st century construction are (or should...more

UK Bribery: Construction in the Cross-Hairs

The UK’s Serious Fraud Office has made clear that its anti-bribery investigations are focussed on two industries in particular: construction and energy. Construction firms especially are under-prepared for the risks which...more

Renting Your California Contractor’s License. Probably Not Such a Good Idea

For those of you who are licensed contractors in California, or if you’re thinking about getting a contractor’s license in California, you know that you need a “qualifying individual” in order to maintain or obtain a license....more

“When in Doubt, Report” – the Supreme Court of Canada Broadens the Application of Ontario’s Environmental Protection Act

On October 17, 2013, in Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52, the Supreme Court of Canada dismissed the appeal of Castonguay Blasting Ltd. (Castonguay) from a decision of the Ontario Court of Appeal...more

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

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

Court of Appeal Increases Corporate Fine in Fatal Accident

In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

Escalating Penalties: Alberta OHS Convictions For 2012 – What Can Employers Expect For The Year Ahead?

A person who contravenes Alberta’s Occupational Health and Safety Act, Regulations or Code is liable, for a first offence, to a fine of not more than $500,000 or imprisonment for a term not exceeding 6 months and, for a...more

Proposed Update To Arlington County’s Noise Control Ordinance

The Arlington County Board is planning to hold a public hearing to discuss the proposed changes to the Noise Control Ordinance. According to the Arlington County website, the meeting is expected to take place sometime in the...more

D.LGS. 231/2001 - Aggiornamento Normativo E Giurisprudenziale

Si riporta di seguito una breve rassegna dei provvedimenti maggiormente significativi in materia di responsabilità amministrativa degli enti ex D.Lsg. 231/2001. SEQUESTRO PREVENTIVO - CASSAZIONE PENALE – Sent. n....more

Criminal Prosecutor Appeals $200,000 fine in Metron Construction Quadruple Fatality Case

The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers...more

Architects & Engineers – Are you committing a Class 2 misdemeanor without realizing it? (Tue Tip; law note)

Buried within the general contractor provisions of the North Carolina General Statutes is a little-known provision that can get architects and engineers in hot water. If you recommend to a project owner anyone who is not...more

$30,000 Personal Fine for Construction Supervisor who Violated Known Work Procedure

A construction supervisor was fined $30,000 after pleading guilty to charges under the Occupational Health and Safety Act. The supervisor admitted to failing to ensure that workers wore fall protection and followed a...more

First Ontario Company Convicted of Criminal Safety Charges: Christmas Eve Scaffold Collapse

On Christmas Eve, 2009, four workers died and a fifth was seriously injured when the scaffold they were standing on to effect repairs to the exterior of an apartment building in Etobicoke, Ontario collapsed and fell thirteen...more

Criminal Background Checks

In an increasingly competitive business environment, it is perhaps more important than ever for employers to exercise prudence and caution in hiring and maintaining their workforce. Background checks, whether criminal...more

Doing asbestos we can

The Control of Asbestos Regulations 2012 come into force in one month. What are the changes?...more

Construction OberView: "Objection, Privilege": Protecting the Attorney-Client Relationship amidst the Shifting Sands of False...

“Men must turn square corners when they deal with the Government.” – Justice Oliver Wendell Holmes, Jr. With the Government’s prosecution of False Claims Act (“FCA”) and Contract Disputes Act (“CDA”) violations on the...more

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