Deanah Shelly authored article for Canadian Occupational Safety’s publication, The Safety Standard entitled Feds Overhaul Violence, Harassment Legislation.

Deanah Shelly authored article for Canadian Occupational Safety’s publication, The Safety Standard entitled Feds Overhaul Violence, Harassment Legislation.
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OHS & Workers’ Compensation Advisor

Out From Under the Microscope: City of Sudbury Was Duly Diligent in Road Grader Accident

On August 23, 2024, the Ontario Superior Court of Justice (the “SCJ”) dismissed the Crown’s appeal against the trial finding that the City of Greater Sudbury (“City”) had exercised due diligence and should be acquitted of charges under the Ontario Occupational Health and Safety Act (“OHSA”).  The decision is important and has been long- awaited by construction project owners and general contractors after the uncertainty created by the Supreme Court of Canada’s November 10, 2023, decision in this case.  That decision provided a list of potential due diligence factors applicable when an “owner” of a construction project is also an “employer” of workers, such as its own construction quality control inspectors, and held the amount of control an employer exercises over a workplace, is a factor in assessing whether all reasonable care was exercised. Overall, the SCJ decision is a positive one for “owners” and “employers” and provides some helpful takeaways and guidance which we explore below.

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COVID-19

Nova Scotia Introduces COVID-19 Paid Sick Leave Program

The Sick Leave Program which will provide eligible employees with up to 4 paid sick days and will reimburse eligible employers that provide paid sick leave to employees. Employers will be eligible to apply for reimbursement effective on May 26, 2021.

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