News & Analysis as of

Occupational Health and Safety Act Wrongful Death

Workwise: Province Announces New Partnership with Police to Investigate Serious Workplace Safety Incidents

by Field Law on

The Government of Alberta has announced a new partnership with ten different police agencies across the province to define protocols for the investigation of serious workplace occupational health and safety (OHS) incidents....more

Corporations are People Too! Ontario Court Confirms that Corporations Have a Right to a Speedy Trial

by Bennett Jones LLP on

Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario Court of Justice,...more

MOL Clarifies its Interpretation of “Critical Injury”

by Dentons on

The Ontario Occupational Health and Safety Act requires employers to report fatalities and “critical injuries” to the Ontario Ministry of Labour. The Ministry of Labour has recently released clarification on its...more

Is compliance with industry standards enough to establish due diligence? Alberta Court of Appeal set to consider this issue

by Dentons on

We recently wrote about the decision in R. v. Precision Drilling Canada Ltd., where the Appeal Judge set aside the trial verdicts and ordered a new trial in a workplace fatality case. The Crown sought leave to appeal that...more

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in...

by Dentons on

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of suffocation when he became engulfed in a grain receiving pit.  The employer’s extensive safety program had...more

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

by Dentons on

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on appeal, after a concrete worker died. The supervisor operated and managed a...more

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

by Dentons on

After a dramatic and tragic incident in which a large drill rig fell over at York University, fatally injuring a backhoe operator and badly injuring an excavator operator, the company that owned and operated the rig has been...more

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

by Dentons on

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

$250,000 fine against school board may be largest-ever against not-for-profit organization in Ontario

by Dentons on

A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker. The maintenance worker had been assigned the task of replacing a safety cage on a...more

Electrical contractor fined $537,500 after death of resident from faulty electrical work

by Dentons on

An electrical contractor has been hit with a huge fine after its faulty electrical work led to a resident’s death. The contractor had installed an in-floor heating system in the bathroom of a home. The resident, an...more

Ontario MOL now posting “de-identified” information on fatalities online, even before OHSA charges laid

by Dentons on

Ontario workplace fatalities could now result in a “de-identified” posting on the Ministry of Labour’s website, even before Occupational Health and Safety Act charges are laid. The postings provide a brief description of the...more

Death of visitor leads to employer’s conviction, $100,000 fine under OHSA

by Dentons on

This case is a reminder that injuries to non-employees can lead to Occupational Health and Safety Act convictions and fines against employers. A visitor to a self-storage facility in North Bay fell through an open hole...more

Ontario Court Sentences Project Manager to 3.5 Years in Jail for Fatal Workplace Accident

by Littler on

In a first for the province of Ontario, on January 11, 2016, a construction project manager charged and convicted under the Bill C-45 amendments to the Criminal Code was sentenced to serve time in prison for criminal...more

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

by Dentons on

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

OHSA charges dismissed against tourist resort in boating fatality

by Dentons on

An Ontario court has dismissed two charges under the Occupational Health and Safety Act against a tourist resort after the Ministry of Labour failed to prove its case. The charges followed an incident in 2012 in which...more

Experts Alone Cannot Save You - Australia Labour, Employment Workplace Safety Alert

by K&L Gates LLP on

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

Business owner facing criminal and provincial charges in workplace death

by Dentons on

Both the RCMP and provincial health and safety officials have laid charges against an owner of a body shop in Dartmouth, Nova Scotia after a worker died. The worker was killed when the vehicle he was working on caught...more

Two superintendents fined for OHSA violations in scissor lift fatality

by Dentons on

Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after a worker died when a scissor lift was knocked over by a garage door. The accident...more

MOL engineer not qualified to give expert evidence: he was too involved in the investigation, too closely identified with...

by Dentons on

An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution. A company was charged under the Occupational Health...more

OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove

by Dentons on

A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend...more

OHSA charges dismissed: not appropriate for MOL to charge under “general duty” clause where specific regulation addressed safety...

by Dentons on

In dismissing Occupational Health and Safety Act charges against an employer arising out of a fatality, an Ontario court has held that it is not appropriate for the Ministry of Labour to charge under the “general duty clause”...more

Two company directors jailed 25 days after worker dies, no safety training provided

by Dentons on

Rarely are senior corporate officials jailed for health and safety offences in Canada.  But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more

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

by Dentons on

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

Alberta’s Highest Court Dismisses Employer’s Appeal In Calf-Roping Case: Agrees That Trial Judge’s Verdict Was Unreasonable

by Dentons on

The Alberta Court of Appeal recently released its decision in R v XI Technologies Inc., 2013 ABCA 282 and held that the employer had not met its obligations under Alberta’s occupational health and safety laws when it failed...more

Employer Fined $85,000 For Failing To Maintain Vehicle’s Brakes

by Dentons on

There may be many good reasons for employers to maintain their vehicles, but one reason not often considered is avoidance of occupational health and safety charges and fines....more

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