On November 26, 2021, the federal government tabled Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. Amendments to the Canada Labour Code If passed, Bill C-3 would amend the Canada Labour Code (Code) to provide employees in federally regulated industries with up to 10 days of paid medical leave….
Tag: Criminal Code
Appellate Court Overturns Summary Judgment Decision that Former Employee Owed $20m in Damages to Employer; Matter Remitted for Trial
The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…
Court Orders Employee Who Breached Fiduciary Duty to Pay Former Employer $20 Million
An Ontario Court recently awarded damages of $20 million for breach of fiduciary duty to Atlas Copco Canada Inc. (Atlas), from a former employee, in Atlas Copco Canada Inc. v. Hillier. The employee (Defendant) had been employed with Atlas as a general manager of one of its divisions and later as a vice-president. The fraudulent…
Appellate Court Upholds Criminal Conviction of Project Manager for Deaths/Injury Resulting from Swing Stage Collapse
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…
Siobhan O’Brien Quoted in TVO Article on Transgender Rights Bill C-16
TVO quoted Siobhan O’Brien in a May 30, 2017 article titled “Everything you need to know about the transgender bill.” Bill C-16 proposes to include gender identity and gender expression as prohibited grounds for discrimination under the Canadian Human Rights Act and hate speech provisions under the Criminal Code. By including “gender identity” and “gender…
Siobhan O’Brien Quoted in The Lawyers Weekly on Transgender Rights Bill C-16
Siobhan O’Brien was quoted in the June 10, 2016 issue of The Lawyers Weekly regarding Bill C-16, which proposes to include gender identity…
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 Court of Appeal Increases Fine to $750,000 for Christmas Eve Fatalities
In a recent decision (R. v. Metron Construction Corporation, 2013 ONCA 541), the Ontario Court of Appeal overturned the fine imposed by the Ontario Court of Justice in respect of four fatalities, and imposed a fine almost four times greater. As previously reported (August 20, 2012 FTR Now – “Court Imposes Criminal Code Fines For…
2012 Fall Edition
FOCUS ON 40TH ANNIVERSARY A “client first” culture – 40 years of Hicks Morley excellence LEGAL DEVELOPMENTS Recent case imposes Criminal Code fines for workplace health and safety violations Healthy email use for corporations: Ten tips PROFILE Covering all the bases Download PDF