In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more
Executive Summary: This is Part 4 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more
The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4). In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...more
During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more
The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more
As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more
On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have naloxone...more
Bill 59, the Act to modernize the occupational health and safety regime, was adopted on September 30, 2021 by the Quebec National Assembly and sanctioned on October 6, 2021. It is the most important modernization process of...more
Canada’s Constitution makes it such that the presumptive and preeminent jurisdiction in matters of employment, labour relations writ large, privacy and health and safety at work is provincial, not federal. This is in marked...more
A new Occupational Health and Safety Act (New OHSA) will replace the existing occupational health and safety (OHS) legislation in Alberta effective December 1, 2021. This bulletin sets out some of the noteworthy changes to...more
On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more
On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
On June 16, 2020, Ontario released a Guide to help employers satisfy their responsibilities under Ontario’s Occupational Health and Safety Act (OHSA) to take every precaution reasonable in the circumstances to protect workers...more
Most workplaces in Canada are subject to provincial or territorial occupational health and safety (OHS) legislation. Federally regulated workplaces are governed by the federal OHS laws set out in Part II of the Canada Labour...more
At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia. The first of these cases was confirmed on January 25 and the last was...more
After 35 years of practice, certain issues keep me awake at night. One concern is about contractors working onsite or embedded in a working plant or other facility. Examples include year-round or shutdown work at power...more
Seyfarth Synopsis: A contractor’s employee fell 36 feet while working at a warehouse construction site and not using fall-protection equipment. ...more
It would not surprise most people to know that OSHA does not have a specific standard governing sexual harassment in the workplace. However, is there a link between sexual harassment and workplace safety and health issues? ...more
In recent years, a number of high-profile cases involving sexual violence and sexual harassment have grabbed the headlines and the public’s attention in Canada. The troubling case of Jian Ghomeshi—and the subsequent...more
A recent decision by the NSW Industrial Court (Court) is a further reminder that businesses can't hide behind appointed experts or delegate their safety obligations and responsibilities to others. It is also a reminder that...more