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Workplace Injury Canada

Littler

Effective January 1, 2024, Employers in British Columbia, Canada Have Duties to Cooperate and to Maintain Employment Regarding...

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On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

Cozen O'Connor

Westray Bill Gaining Traction Across Canada

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The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more

Ius Laboris

Site supervisor found guilty of criminal negligence causing death

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Michael Henderson, a young worker employed by Springhill Construction Ltd. died while working at a wastewater treatment and pumping plant in Fredericton, New Brunswick, in 2018.  The City of Fredericton contracted with...more

Bennett Jones LLP

Application of Statutory Bar to Workplace Bullying and Harassment Claims

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Canadian workers' compensation regimes are defined by the "historic tradeoff"—workers gain immediate and consistent benefits coverage under mandatory, no-fault statutory insurance schemes funded by employers and, in exchange,...more

Stikeman Elliott LLP

Bill 41: British Columbia’s Proposed Changes to the Workers Compensation Act

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On November 1, 2022, the Workers Compensation Amendment Act (No. 2), or Bill 41, passed second reading in the British Columbia legislature. If enacted, Bill 41 would make a number of important changes to the Workers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Employers: The Rules for Injured Workers’ Temporary Assignment and Workplace Reintegration Have Changed

​​​​​​​On October 6, 2021, the Act to modernize the occupational health and safety regime took effect. As indicated in the act’s title, its purpose was to modernize Québec’s occupational health and safety regime with regard...more

Stikeman Elliott LLP

Bill 59: Act to Modernize the Occupational Health and Safety Regime Amendments in Effect Since October 6, 2022

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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

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

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In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Littler

Canada: Cross Country Survey of Changes to Workers’ Compensation System in Response to COVID-19

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The workers’ compensation system in Canada is a no-fault insurance system that provides employees who become injured or ill at the workplace with compensation from a statutorily established accident fund. ...more

Bennett Jones LLP

Court of Appeal Affirms Decision to Dismiss the Rana Plaza Class Action

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On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s decision to dismiss the...more

Littler

Ontario, Canada May Soon See Regulations Addressing Temporary Help Agencies' Liability for Workplaces Injuries

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A proposed amendment to the Workplace Safety and Insurance Act, 1997 (the “WSIA”) that would expand workplace liability for injuries to temporary employees, might soon receive renewed attention. ...more

Foley Hoag LLP - Global Business and Human...

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

Bennett Jones LLP

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

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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

Bennett Jones LLP

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

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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

Bennett Jones LLP

Internal Investigations and Privilege: A Redux

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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

Littler

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

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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

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2015

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

Bennett Jones LLP

Court of Appeal Increases Corporate Fine in Fatal Accident

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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

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