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…
Practice Area: Occupational Health
Successfully argued that, in meeting its obligations under the Occupational Health and Safety Act and collective agreement provisions regarding health and safety, the employer (paramedic service) was correct in exercising its management rights to determine the appropriate safety equipment to be utilized.
Successfully argued that, in meeting its obligations under the Occupational Health and Safety Act and collective agreement provisions regarding health and safety, the employer (paramedic service) was correct in exercising its management rights to determine the appropriate safety equipment to be utilized.
Summer 2024 Updates for Social Services Employers
Dear Friends, We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization. As part of an employer’s ongoing obligation to provide a safe workplace, it is important to…
Daryl Seupersad
Daryl has developed a specialized practice in advising and representing employers with their workers’ compensation claims management and appeals.
Student Violence May Form Basis for a Teacher’s Lawful Work Refusal
A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member. In Ontario English Catholic Teachers’ Association v Dufferin-Peel Catholic District School Board, three teachers…
Ontario Invites Comments on Bill 190, Working for Workers Five Act, 2024
The Ontario government is inviting comments on proposed amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA) found in Bill 190, Working for Workers Five Act, 2024 (Bill 190). We discussed Bill 190 in our FTR Now of May 7, 2024 Ontario Introduces Working for Workers Five Act,…
Ontario Introduces Working for Workers Five Act, 2024
On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…
Successfully represented a manufacturing employer in a grievance arbitration in which the termination of an employee for a health and safety incident was upheld.
Successfully represented a manufacturing employer in a grievance arbitration in which the termination of an employee for a health and safety incident was upheld.
Ontario Divisional Court Finds Arbitrator’s Decision to Reinstate Terminated Grievors Was “Fatally Flawed”
On April 2, 2024, the Ontario Divisional Court released its decision in Metrolinx v. Amalgamated Transit Union, Local 1587, which was a judicial review of an arbitration decision rendered by the Grievance Settlement Board (GSB). The Court found that the decision of the arbitrator, in which he reinstated five grievors whose employment had been terminated…
Employers Should Plan Now for the April 8 Eclipse
On Monday, April 8, 2024, a solar eclipse will be visible in many parts of Eastern Canada. This will be a unique experience, but one that also has the potential to pose a health and safety risk to outdoor workers and any other workers who have work-related reasons to be outdoors at the time of…