Appellate Court Considers Scope of an Employer’s OHSA Obligations to Protect Workers

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….

Scott Thompson Mentioned in The Globe and Mail on Radiohead Stage-Collapse Case

The Globe and Mail quoted Hicks Morley’s Scott Thompson in a June 22, 2017 article titled “Radiohead stage-collapse case in jeopardy amid court delays.” As one of the defense lawyers in the case where a stage collapsed at an outdoor Radiohead concert, Scott Thompson said they will be bringing an application to have the charges thrown out over unreasonable court delays…

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…

Court of Appeal for Ontario considers mitigation in OHSA sentencing case

In Ontario (Labour) v. Flex-N-Gate Canada Company, the Court of Appeal for Ontario found that corrective action taken by an employer to merely comply with a safety order following a workplace accident was not a mitigating factor for sentencing purposes under the Occupational Health and Safety Act (“OHSA”), and that fines for multiple OHSA breaches…

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…