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…

Ontario Court Provides Useful Guidance to Employers on Supervision and Training Obligations

The Ontario Court of Justice recently overturned a trial decision which convicted an employer of various infractions under the Occupational Health and Safety Act, finding that numerous errors of law had been made. Of interest for employers is the Court’s conclusion an employer is not obligated to provide training to a worker regarding a specific…

Nadine Zacks Interviewed on Ontario Morning from CBC Radio

Hicks Morley’s Nadine Zacks was interviewed on Ontario Morning from CBC Radio on June 15, 2012, regarding the requirements of reporting workplace injuries. Nadine comments on a recent court decision that states the Ministry of Labour must be informed when anyone at a workplace — workers and guests — sustains a critical injury or dies….

Nadine Zacks Quoted in Law Times

Hicks Morley’s Nadine Zacks was quoted in the June 13, 2011 edition of Law Times in an article entitled “Safety Ruling Turns Heads.” In the article, Nadine comments on the Divisional Court’s recent decision that will require employers to report a critical injury or fatality suffered by a non-worker in the “workplace” to the Ministry…

MOL to Target Slips, Trips and Falls in a School Board Safety Blitz

The Ministry of Labour (“MOL”) has announced a series of safety blitzes scheduled for November of 2009 that will target slips, trips and falls (“Falls”), and that may affect your schools. Inspectors will visit schools to discuss Falls and to review plans to prevent Falls, particularly in parking lots [1], and will focus on assessing…