The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by…
Practice Area: Occupational Health
Hicks Morley Named in 2013 Lexpert®/American Lawyer Guide
Hicks Morley is pleased to announce it has been ranked as the leading law firm in the Labour Relations and Pensions category according to the 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Practice groups included in this category are Employment Law, Labour Relations, Occupational Health & Safety, Pensions & Employee Benefits…
Hicks Morley Welcomes Two New Partners
Hicks Morley recently welcomed three new partners, Henry Dinsdale and Michael Smyth, to the firm. Henry, Jeffrey and Michael are based in the firm’s Toronto office. Recognized as one of Canada’s leading lawyers in the field of labour and employment law by The Best Lawyers in Canada and by Martindale Hubbell, Henry Dinsdale was called…
Numerous Errors by Justice of the Peace Result in Overturned OHSA Conviction
In R. v. 679052 Ontario Limited (c.o.b. Auction Reconditioning Centre), the Ontario Court of Justice reaffirmed that active supervision of an employee is not required at all times. Moreover, where an employee is properly instructed not to do a task and the employer has no reason to believe the employee will do that task, the…
Health and Safety Case May Clarify Employer Obligations
The Alberta Court of Appeal recently granted leave to appeal in a case which will be of interest to employers generally, to clarify the scope of their health and safety obligations, and more particularly to employers who host events at which they rent equipment for use by guests. An Alberta employer had rented a calf-roping…
Alberta Court of Appeal Grants Leave to Appeal in Case Regarding Employer’s Health and Safety Obligations
Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…
Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration
An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…
First Aid Training Regulatory Amendments under Canada Labour Code Registered
On December 7, 2012, Regulations Amending Certain Regulations Made under the Canada Labour Code were registered. Among other things, the Regulations are intended to simplify the first aid training available to employees subject to federal jurisdiction through the following amendments to the Canada Occupational Health and Safety Regulations: the definition of “approved organization” will now…
Mandatory WSIB Coverage for Construction Industry to Commence January 1, 2013
As previously reported, effective January 1, 2013, amendments to the Workplace Safety and Insurance Act, 1997 outlined in Bill 119, the Workplace Safety and Insurance Amendment Act, 2008 will extend mandatory WSIB coverage to certain persons in the construction industry. These amendments will apply, with certain exceptions, to independent operators, sole proprietors, executive officers and…
Changes Made to the WSIB Appeals Process
On November 29, 2012, the Workplace Safety and Insurance Board (“WSIB”) issued a Consultation Report entitled “Modernization of the WSIB’s Appeals Program.” The Report is the result of a consultation process commenced in June 2012, when the WSIB released a Consultation Paper containing certain key proposed features to increase efficiencies within the WSIB appeals process…