News & Analysis as of

Workplace Injury Occupational Health and Safety Act

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

by Bennett Jones LLP on

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

Alberta government signs Memorandum of Understanding with police services setting out new procedures for investigating serious...

by Dentons on

The government of Alberta and 10 police services recently signed the Westray Memorandum of Understanding. The announcement was made on the National Day of Mourning, which this year commemorates the 25th anniversary of the...more

Worker entitled to sue coworker for failure to report absence of or defect in protective equipment: court

by Dentons on

An Ontario judge has allowed an injured worker to proceed with his lawsuit against a coworker for failing to report the absence of or defect in fall arrest equipment....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

“Safety Engineering Letter of Opinion” dealing with OHSA obligations disallowed by court in civil lawsuit

by Dentons on

A “Safety Engineering Letter of Opinion”, styled as an “expert report” and covering Occupational Health and Safety Act obligations, was struck and its author was prohibited from testifying at the trial of a civil lawsuit....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

Injured worker’s claim lacked the “something more” needed to establish personal liability against employer’s directors

by Dentons on

The Alberta Court of Appeal has confirmed that in order for a director of a corporate employer to be found personally liable for damages sustained by one of the corporation’s workers in a workplace accident, there must be...more

Church defeats lawsuit by volunteer after stepladder accident. Duelling OHS experts’ testimony considered

by Dentons on

A volunteer has lost his lawsuit against a church after he fell off a stepladder he was using at the church. The volunteer was a parishioner at the church who agreed to help with painting. He claimed that the church’s...more

Having failed to obtain and review proper operating manual for machine, employer and supervisor convicted under OHSA

by Dentons on

An employer and supervisor who failed to obtain an operator’s manual for a rip saw, and therefore failed to follow it, have been found guilty of offences under the Ontario Occupational Health and Safety Act. The charges...more

“You’re kind of close to those wires”: excavator operator guilty of OHSA charges after hitting power line

by Dentons on

An excavator operator has been found guilty of two Occupational Health and Safety Act charges after hitting a power line. The operator, who was working on a road construction project, was planning to load the excavator...more

Three days in jail for owner of roofing business after trying to deceive MOL inspector

by Dentons on

The owner of a roofing business has landed in jail for three days after trying to trick a Ministry of Labour inspector following a workplace accident. Three workers were working on a residential roofing project but the...more

OSHA’s “Perp Walks” for the Week of October 24th

by Kelley Drye & Warren LLP on

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...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

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

by Dentons on

An Ontario Appeal judge has upheld an employer’s conviction under the Occupational Health and Safety Act for failure to “block” a machine, after the trial justice held that “blocking” required a physical block, not simply...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

GHS Update: Government of Canada introduces new regulations for protection for workers handling hazardous materials

by Dentons on

The Government of Canada has announced that new Occupational Health and Safety regulations under the Canada Labour Code, which are intended to better protect federally regulated workers who use, handle and store hazardous...more

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

by Dentons on

An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions and took it upon himself to use a torch to thaw ice that had accumulated in a culvert....more

Delay in OHSA prosecution was not unreasonable: charges not stayed

by Dentons on

Even though the case took more than two years to get to trial, an Ontario court has refused to halt a prosecution of a company under the Occupational Health and Safety Act. Charges were laid against a construction...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

Alberta court of appeal dismisses worker’s appeal In his 20+ year old case against a developer

by Dentons on

The Alberta Court of Appeal has recently confirmed that an owner/developer of a condominium conversion project was not liable for damages in a civil action commenced by a worker....more

Internal Investigations and Privilege: A Redux

by Bennett Jones LLP on

An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...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

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