The Ontario Court of Appeal has denied the Crown’s motion for leave to appeal, finding the City of Greater Sudbury successfully exercised due diligence under the Occupational Health and Safety Act. In this FTR Now, Stephanie Jeronimo and Allison E. MacIsaac explore the Court’s reasoning and what it means for employers moving forward.
Insights
FTR Now
Both the Working for Workers Four Act, 2024 and Working for Workers Five Act, 2024 received Royal Assent earlier this year, with many of the key provisions to be proclaimed in force at a later date. This has now occurred and accompanying regulations have been enacted to provide additional obligations and, in some cases, clarify…
FTR Now
A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
FTR Now
On November 9, 2023, the Supreme Court of Canada (Supreme Court) issued a split decision in R. v. Greater Sudbury (City). The plurality of the Supreme Court upheld a decision of the Ontario Court of Appeal that an “owner” of a construction project can also be considered an “employer” with obligations to ensure safety on…
FTR Now
On November 10, 2023 the Supreme Court of Canada (SCC) issued its decision in R. v. Greater Sudbury (City). In a split decision, a plurality of the SCC upheld the decision of the Ontario Court of Appeal which had found that an “owner” of a construction project can also be considered an “employer” under the…
Human Resources Legislative Update
On October 15, 2021, Employment and Social Development Canada (ESDC) updated its website page EI information for employers – COVID-19 with respect to Block 16 – Reasons for issuing this ROE (record of employment). Block 16 is used to indicate the reason for the employee’s leave or separation from employment, or why the ROE is…
Case In Point
In a recent decision, Eynon v. Simplicity Air Ltd., the Ontario Court of Appeal upheld a punitive damages award of $150,000 against an employer for the actions of two of its supervisors after an employee’s workplace injury. The appeal to the Court of Appeal was from a jury award of punitive damages. The respondent employee…
FTR Now
A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…
FTR Now
On April 16, 2021, the Ontario government extended the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) as well as the Stay-at-Home Order until May 5, 2021. Additional restrictions for the Rules for Areas in Stage 1 (Shutdown Zone), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020,…
FTR Now
Ontario Declares Emergency, Issues Stay-at-Home Order
· 11 min readOn January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…
Case In Point
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Court of Appeal upheld a lower court decision awarding the respondent over $1.27 million in damages for constructive dismissal. Background The respondent had sold his family’s funeral business to the appellant employer and entered into a 10-year transitional consulting services agreement (TCSA) in 2012….
Case In Point
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…
Case In Point
A recent decision from the Ontario Court of Appeal, Ontario (Labour) v. New Mex Canada Inc., confirms that it will only be in the rarest of cases where a jail sentence is seen to be appropriate in an occupational health and safety case, considering the weight the principle of deterrence should have on sentences given…
Case In Point
In a useful decision for employers, the Ontario Divisional Court has confirmed that the one-year timeline for filing an application with the Human Rights Tribunal of Ontario (Tribunal) will be strictly enforced. The decision provides a valuable warning to applicants that the time limits required to bring a complaint are indeed requirements and will only…
Federal Post
A Changing Legislative Landscape
· 22 min readWelcome to the latest issue of our Federal Post. In this issue we discuss: best practices for minimizing the risk of workplace sexual harassment, the new prohibition on use of vaping products in federally regulated workplaces, latest developments on the serious sanctions under the Canada Labour Code (Code) and the Criminal Code for health and safety violations, being proactive about Code compliance in light of the incoming power of the Minister of Labour to order an employer to perform an internal audit – see our Code “Compliance Checklist”
Case In Point
The Nova Scotia Court of Appeal recently confirmed that an administrator of a benefit plan may choose what specific drugs and medications will be covered by a plan, and in particular, held that the exclusion of medical marijuana is not discriminatory under human rights legislation. In Canadian Elevator Industry Welfare Trust Fund v. Skinner, an…
Human Resources Legislative Update
Medical Marijuana in Your Workplace: Employer FAQs
· 4 min readToday – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…
Case In Point
In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…
Case In Point
An appellate court recently overturned a decision acquitting a company which had been charged following a workplace fatality, holding that there may be circumstances where an employer is required to do more to protect its workers than what is prescribed under the regulations to the Occupational Health and Safety Act (OHSA). In Ontario (Labour) v….
Case In Point
In a recently released decision summary, the Office of the Privacy Commissioner of Canada (OPC) held that a bank acted properly in deciding not to tell the victim of unauthorized access precisely how it had punished its offending employee (Employee). The victim, the complainant in this case, was a neighbour of the Employee who happened…
Reaching Out
Reaching Out – Ninth Edition
· 21 min readDear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…
Raising the Bar
Raising the Bar – Ninth Edition
· 17 min readDear Friends, Welcome to summer! We’re very pleased to bring you this pre-beach edition of Raising the Bar. In this edition, we’ll guide you through important recent decisions on topics ranging from offers to settle, to case management, to costs, to the question of when is enough discovery “enough”. We will also Shine a Light…