Ontario Passes Sexual Violence and Harassment Bill

On March 8, 2016, the Ontario government passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, as amended by the Standing Committee on Social Policy. Bill 132 amends various statutes with respect to sexual violence and harassment, domestic violence and other matters. In addition to…

PTSD Bill Passes Second Reading

On March 3, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed second reading and was referred to the Standing Committee on Social Policy. As previously reported, if passed, Bill 163 will, among other things, amend the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation…

Ontario Introduces Legislation Creating Statutory Presumption of Work-Relatedness for First Responders Diagnosed with PTSD

On February 18, 2016, the Ontario government introduced Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder) 2016, amending the Workplace Safety and Insurance Act, 1997 (“WSIA”) and the Ministry of Labour Act.

Construction Project Manager Sentenced to 3.5 Years for Christmas Eve Fatalities

The Metron Construction Corporation (“Metron”) project manager who oversaw the construction project on which a swing stage collapsed, resulting in the deaths of four workers and injury to a fifth, has been sentenced to 3.5 years in jail. In this FTR Now, we discuss the background to this important decision and its significance. On Christmas…

Ontario Introduces Legislation to Address Sexual Violence and Harassment

On October 27, 2015, the Ontario government tabled new legislation to address sexual violence and harassment. If passed, the proposed measures in Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Act”), would, among other things, require publicly assisted colleges and universities and private career…

Ontario Court of Justice Dismisses OHSA Charges Where Worker’s Unauthorized Act Led to Injury

In a recent decision, R. v. ABS Machining Inc., the Ontario Court of Justice dismissed Occupational Health and Safety Act (“OHSA”) charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The decision confirms that employers can succeed in defending charges on the basis of due diligence when workers…

An Update on WSIB Rate Framework Reform

In March 2015, the Workplace Safety and Insurance Board (“WSIB”) released a preliminary Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Now of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited”). At the same time,…

Court Upholds Two-Year Limit on LOE Benefits for Workers Age 63 or Older

The Ontario Divisional Court’s recent decision upholding the two-year limitation on loss of earnings (“LOE”) benefits for workers age 63 and older should reassure employers that Ontario courts take notice that LOE benefits are not meant to be paid for life. Section 43(1)(c) of the Workplace Safety and Insurance Act (“WSIA”) limits LOE entitlement for…

Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal

Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…

Expanded OLRB Power to Consider Bill 168 Workplace Harassment Reprisal Complaints

Based on two decisions rendered late last month, the Ontario Labour Relations Board (“OLRB” or “Board”) has expanded the scope of the Board’s authority to consider complaints arising from the Bill 168 workplace harassment amendments to the Occupational Health and Safety Act (“OHSA” or “Act”). This moves away from the Board’s decision in Confortia v….