The Best Lawyers™ in Canada 2024 recognizes 26 Mathews Dinsdale lawyers, from coast-to-cost, as leaders in the fields of Labour and Employment Law, Workers' Compensation Law, Employee Benefits Law and Immigration Law.
Cheryl A. Edwards
She/Her
Partner Toronto, T: 647.777.8283 C: 416.452.4958 F: 416.862.8247 cedwards@mathewsdinsdale.com
vCard
Divinia Nyarko, Paralegal Assistant 416.862.8280 x306 dnyarko@mathewsdinsdale.com
Biography
Bar admission
Law Society of Ontario
Education
Osgoode Hall Law School, LL.B.
Membership and affiliations
American Bar Association
Canadian Association of Counsel to Employers (CACE)
Canadian Bar Association
Canadian Labour Law Association
Global Occupational Safety and Health Network
International Organization of Employers
Ontario Bar Association
Women in Occupational Health and Safety Society
Profile
Cheryl is a senior partner in our national Occupational Health and Safety (OHS) and Workers’ Compensation practice. A former Ontario OHS Prosecutor, Cheryl has almost 40 years of experience in advising on strategic and practical approaches for management of workplace safety issues including the complexities of OHS due diligence, contractor management, accident response strategies, and discipline for safety matters. She frequently advises on multiple aspects of national and federal OHS policies and programs. She has defended and represented Canadian employers, constructors, senior management, and supervisors in some of the most serious and complex health and safety trials, complaints, inquests and appeals. She provides hard hitting and practical OHS training on due diligence, contractor management and other topics to management and supervisors.
Cheryl led a national OHS practice group as well as an international OHS practice group prior to joining the Firm Mathews Dinsdale. She is a past Director of the Canadian Association of Counsel to Employers and Chair of its OHS SubCommittee. She is currently serving as member of the Firm’s Executive committee.
She has been repeatedly listed as a leading lawyer in workers’ compensation in Best Lawyers® in Canada, and a leading occupational health and safety practitioner in Canadian Legal Lexpert®. The Firm and Cheryl have been selected as top ranked advisors in the OHS field in multiple readers’ choice awards from Canadian Occupational Safety Magazine. Cheryl also regularly provides practical advice and representation in grievance arbitration and labour board proceedings. She is a frequent speaker at in house training sessions and professional conferences.
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Representative experience
December 20232022-2023 – Advised Municipal Organizations and Other Owners of Workplaces–on best management practices, contractual arrangements and other overall steps to manage complexities of OHS obligations to ensure contractor safety.
December 2023Successful intervention application on behalf of federal employers’ organization in significant appeal under Part II Canada Labour Code ( Occupational Health and Safety) of an OHS enforcer’s direction respecting obligations of federal employers towards provincially regulated contractors. Important due to interpretation of the Canada Labour Code provisions respecting contracting, and control over provincially regulated contractors. Co- counsel: Jeremy Warning.
December 2019Successfully represented general contractor on all charges under the Ontario Occupational Health and Safety Act and Regulations relating to a fall through a roof opening. All charges withdrawn without a trial — Counsel: Cheryl A. Edwards
December 2019Successful representation of general contractor on charges under Ontario OHSA arising from worker fall from false work after false work collapsed. Defence of due diligence accepted. All charges withdrawn — Counsel: Cheryl A. Edwards
December 2018Successfully represented metal processing and distribution business on OHSA charges relating to upright metal coil storage. Critical injury to one worker. All charges dismissed after trial. Co-counsel: Jeremy Warning (Charter Application) Matt Craig (Trial)
September 2018Successfully represented installer at construction project on all charges under Ontario Occupational Health & Safety Act pertaining to electrical contact by elevated work platform at project. All charges dismissed after trial, successful argument that all charges ought to be dismissed for delay contrary to section 11 (b) of Canadian Charter of Rights and Freedoms. Counsel at trial: Cheryl Edwards
January 2018Successfully represented business as lead counsel on complex case arising out of workplace fire and explosion. Fatal injury to one worker and serious injuries to multiple additional workers. All Criminal Code and OHS charges dismissed. Assisted as counsel in Criminal Code matter; acted as lead counsel in OHS matter. Research and assistance: Matt Craig.
December 2017Successfully represented construction business and developer on charges under Ontario Occupational Health & Safety Act. Complex case involving collapse of a utility vault and vault cover on a public way, workers on a mobile elevated work platform, question arose regarding of the application of the Ontario OHSA and construction regulations, load and loadbearing capacity. Fatal injury to one worker and serious injuries to second worker. All charges dismissed on a motion for directed verdict by the defence. — Counsel at Trial: Cheryl Edwards – Research and Assistance at Trial: Matt Craig
July 2014Successfully represented construction employer and supervisor in charges related to securing of pipe on construction projects and industry standards. All charges dismissed after trial — Counsel at Trial: Cheryl Edwards – Research and Submissions: Jeremy Warning | Click here for full text of decision
May 2014Advised federally regulated telecommunications business on OHS aspects of contractor management processes, contract language, reasonable care and due diligence when retaining provincially regulated contractors — Counsel: Cheryl A. Edwards and Dan Attwell
May 2014Advised and created comprehensive program for national retailer acting as prime or constructor in connection with significant construction project. Advised on contract language, policies and procedures, practical issues — Counsel and Advisors: Cheryl A. Edwards and David Marchione
December 2013Advised and represented airline carrier on multiple OHS claims and work refusal cases, workers’ compensation claims, social media aspects of assertion by airline workers that a particular substance was toxic to their health — Counsel: Cheryl A. Edwards
September 2013Successfully Represented Superintendent of Mining Operation charged in double fatality before Ontario courts. Succeeded in securing withdrawal of all charges based upon reasonable care and reasonable reliance on mistake of fact defence — Counsel: Cheryl A. Edwards
July 2013Successfully represented Atomic Energy of Canada Ltd. (AECL) in appeal of an OHS direction by HRSDC dealing with respiratory protection for workers potentially exposed to radiological hazards. Direction would have required replacement of thousands of respirators, re-training of workers over a period of multiple years, and operational changes. Successfully obtained a suspension of the direction, assisted client in retaining leading expert in radiological respiratory hazards and negotiating potential beneficial change to federal legislation with the federal regulator. All directions rescinded after a hearing — Counsel: Cheryl A. Edwards — Link to decision here
December 2012Successful representation of employer and manager of hospital premises on charges under Ontario OHSA arising out of a critical injury at the workplace. All charges withdrawn — Counsel: Cheryl A. Edwards
November 2012Successful representation of national business on charges under Ontario OHSA arising from guarding accident at the workplace. Successful defence based upon erroneous engineering opinion, leading to defence of reasonable reliance on mistaken set of facts — Counsel: Cheryl A. Edwards
November 2012November 2012
Developed, coordinated and provided strategic advice to North American steel product manufacturer on audit for corporate Safety Steering Committee and Board of Directors on Occupational Health and Safety due diligence measures being taken by corporation — Counsel: Cheryl A. Edwards
September 2012
Successful representation of engineering firm acting as constructor at construction project, charged under Ontario OHSA along with superintendent, in relation to a worker fall from a scaffold. Defence of due diligence accepted. All charges withdrawn — Counsel: Cheryl A. Edwards
December 2011Developed National Workplace Violence Prevention Policy and Program for Canadian operations of global manufacturer — Counsel: Cheryl A. Edwards
October 2011Successful representation of Corporation, President, Senior Manager on charges arising out of asbestos regulations in Ontario, defence of due diligence accepted — Counsel: Cheryl A. Edwards
September 2011Successful representation of North American food products manufacturer on Appeal of Ministry of Labour Orders relating to movement of materials within facility. Orders rescinded. Successfully prevented charges under Ontario OHSA — Counsel: Cheryl A. Edwards
December 2010Representation of federally regulated employer on charges under Canada Labour Code arising from double fatality in confined space — Counsel: Cheryl A. Edwards
October 2008Successful representation of general contractor on charges under Ontario OHSA arising from worker fall from the open side of a construction project. Defence of due diligence accepted. All charges withdrawn — Counsel: Cheryl A. Edwards
September 2008Advised national retailer on development of comprehensive safety standards for all operations nationally pertaining to multiple areas of risk, coordinating advice from all Canadian jurisdictions in which retailer operates — Counsel: Cheryl A. Edwards and Jeremy Warning
Successfully represented general contractor on all charges under the Ontario Occupational Health and Safety Act and Regulations relating to alleged operation of equipment without a signaller. All charges withdrawn without a trial — Counsel: Cheryl A. Edwards
Industry recognition
Best Lawyers® in CanadaWorkers’ Compensation Law
Canadian Legal Lexpert®Occupational Health & Safety
Canadian Legal Lexpert®Workers’ Compensation Law
Chambers and Partners CanadaEmployment and Labour Law – Ontario
Canadian OH&S MagazineReaders Choice Award
Canadian Occupational Safety Magazine (COS)5 Star Safety Lawyers and Law Firms
The Legal 500 CanadaLabour and Employment
Presentations
February 2024
City of Sudbury: Prime Contractor Obligations” for Bongarde Safety
Hosted a seminar with Jeremy Warning
April 2021
Introduction to Workplace Safety and Harassment Law and Investigations Webcast
Cheryl Edwards, along with Julie Weller and other professionals, presented for the Canadian Bar Association.
July 2020
Does Safety Trump Privacy?
Cheryl Edwards, along with other professionals, presented for the Human Resources Professionals Association (HRPA) webinar titled Does Safety Trump Privacy?.
News
Mathews Dinsdale lawyers from coast-to-coast recognized in the 2023 Canadian Legal Lexpert® Directory as leaders in Labour Law, Employment Law, Construction Labour Relations, Occupational Health & Safety Law and Workers’ Compensation Law.
Mathews Dinsdale recognized by The Legal500 Canada 2023 as a leading firm in Labour and Employment, highlighting our national reach. Testimonial - "It is the only workplace law firm with offices from coast-to-coast, so being a national organization ourselves this is extremely important to us. It was Canada’s first law firm to devote its practice to employment law."
Mathews Dinsdale has once again been recognized as a leading law firm in the Chambers Canada 2023 Guide for Employment & Labour - Nationwide, Ontario and British Columbia. Congratulations to our lawyers in BC, AB, ON and Atlantic Canada, who have been ranked and recognized this year.
The Best Lawyers™ in Canada 2023 recognizes 24 Mathews Dinsdale lawyers, from coast-to-cost, as leaders in the fields of Labour and Employment Law, Workers' Compensation Law, Education Law, Employee Benefits Law and Immigration Law.
Mathews Dinsdale lawyers from coast-to-coast recognized in the 2022 Canadian Legal Lexpert® Directory as leaders in Labour Law, Employment Law, Construction Labour Relations, Occupational Health & Safety Law and Workers’ Compensation Law.
Mathews Dinsdale recognized as a leading firm by The Legal500 Canada 2022, highlighting our national reach. Testimonial - "Our business is national and so is the employment law firm we have partnered with. No matter what area of Canada where we may be experiencing a concern our partners at Mathews Dinsdale have an office close by with well-versed lawyers to provide advice and guidance."
Canadian Occupational Safety, Canada’s premier publication on OH&S, announces Mathews Dinsdale and its partners, Cheryl Edwards, Jeremy Warning and Loretta Bouwmeester winners of their inaugural 5-Star Safety Lawyers and Law Firm Award. “Our research team has tirelessly worked to uncover the best and brightest legal minds in the OHS sphere”. Thank you!
Mathews Dinsdale has once again been recognized as a leading law firm in the Chambers Canada 2022 guide for Employment & Labour Law nationwide. Congratulations to our lawyers from coast-to-coast who have been recognized as notable practitioners this year.
22 Mathews Dinsdale lawyers, from coast-to-coast, are recognized as leaders in The Best Lawyers™ in Canada 2022 in the fields of Labour and Employment Law, Workers' Compensation Law, Education Law, Employee Benefits Law and Immigration Law.
Mathews Dinsdale lawyers from coast-to-coast recognized in the 2021 Canadian Legal Lexpert® Directory as leaders in Labour Law, Employment Law, Construction Labour Relations, Occupational Health & Safety Law and Workers’ Compensation Law.
Mathews Dinsdale has once again been recognized as a leading law firm in the Chambers Canada 2021 guide for Employment & Labour Law nationwide. Congratulations to our lawyers from coast-to-coast who have been recognized as notable practitioners this year.
21 Mathews Dinsdale lawyers, from coast-to-coast, are recognized as leaders in The Best Lawyers™ in Canada 2021 in the fields of Labour and Employment Law, Education Law, Employee Benefits Law, Immigration Law, Workers’ Compensation Law.
Cheryl Edwards, along with other professionals, presented at the Human Resources Professionals Association (HRPA) webinar titled Does Safety Trump Privacy? June 2020.
Mathews Dinsdale lawyers from coast-to-coast recognized in the 2020 Canadian Legal Lexpert® Directory as leaders in Labour & Employment Law, Construction Labour Relations, OH&S Law and Workers’ Compensation Law.
Mathews Dinsdale Lawyers from coast-to-coast recognized in Best Lawyers in Canada 2020 as leaders in Labour and Employment Law, Education Law, Employee Benefits Law, Immigration Law, Workers’ Compensation Law.
Insights
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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OHS & Workers’ Compensation Advisor
Ontario OHSA Fine Signals Future Significant Director & Officer Prosecution Risk
The case involving a workplace explosion and Ontario Occupational Health and Safety Act (OHSA) prosecution against Eastway Tank, Pump and Meter Limited of Ottawa, Ontario and its owner and Director Neil Greene, wrapped on Friday April 5, 2024 with guilty pleas and penalties for both the company and its Director. The terrible incident, which occurred in January 2022, resulted in fatal injuries to 6 workers, and catastrophic ones to a 7th worker, one of the worst losses of life and injury in a workplace accident in Canadian history. In addition to imposing a high OHSA corporate fine, the case has sent a chilling message about future OHS prosecution risk to Canadian corporate directors and officers.
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OHS & Workers’ Compensation Advisor
Ontario Hikes Corporate OHSA Penalties to Highest in Canada
On October 26, 2023, Bill 79, the Working for Workers Act, 2023 received Royal Assent. Included in legislative changes made by the Bill is an amendment to subsection 66(1) of the Ontario Occupational Health and Safety Act that increases the maximum fine that can be imposed on a corporation from $1.5 million to $2 million. This is now the highest corporate fine available for a conviction under health and safety legislation in Canada. In this Advisor, we comment on and analyze this most recent increase in maximum fines in Ontario.
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In A Flash
OHS Inspectors at The Door! Preparing For Ontario Inspection Blitzes
OHS inspectors are conducting unannounced field visits across Ontario to verify compliance with the OHSA and its Regulations. Any inspection brings risk of compliance orders, stop work orders and possible prosecution for high-risk contraventions.
Read more
OHS & Workers’ Compensation Advisor
High Stakes Become Higher: Ontario OHSA Amendments Create Historic Director and Officer Fines and Even More Corporate Risk
The Government of ON passed Bill 88, the Working for Workers Act, 2022, which, among other things, contains various amendments to the Occupational Health and Safety Act.
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In A Flash
Ontario OHSA Pre-Start Health and Safety Engineering Reviews Clarified
Ontario has enacted changes to clarify pre-start health and safety engineering review requirements. Changes are effective January 1, 2022.
Read more
COVID-19
Canadian Government Moves Toward Mandatory Vaccination for All Federal Workplaces
Mandatory vaccination is coming to the entire federal sector. New Regulations are expected to come into effect in January 2022.
Read more
COVID-19
Mandatory Vaccination Requirements Imminent for Federal Public Servants, Federally Regulated Transportation Sector, and Travellers
The Canadian Federal Government announced much-anticipated, wide ranging new mandatory vaccine measures.
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In A Flash
Federally Regulated Employer Fined $250,000 for Workplace Death
A recent criminal decision in B.C. imposing a $250,000 fine on an employer for a workplace fatality serves as a caution for employers to be proactive in addressing identified safety concerns in the workplace.
Read more
OHS & Workers’ Compensation Advisor
Breaking with Traditional OHS Roles at Construction Projects? Ontario Court of Appeal Expands Potential Risk to Owners, Employers
The decision should be of concern to all “owners” and “employers” as it could significantly expand liabilities under the Ontario Occupational Health and Safety Act on construction projects.
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COVID-19
Pre-Entry Covid-19 Screening Now Mandatory for All Ontario Workplaces
Ontario may be experiencing a second wave of COVID-19. In response the ON government now requires all businesses – regardless of sector – to implement pre-entry screening for all workers attending the workplace.
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OHS & Workers’ Compensation Advisor
Serious Workplace Accidents in Canada: Managing the Consequences Coast to Coast
This Advisor examines the impacts of a serious accident, and provides a roadmap for accident response planning for critical actions to take and mitigating adverse consequences for the Canadian employer.
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In-Depth Analysis
COVID-19: A Pandemic of “Novel” Workplace OHS Issues
We focus is on several key OHS related lessons learned and “novel” OHS legal issues arising from the pandemic, which continue to create issues for employers, OHS, HR and management as workplaces continue to reopen with “public health“ measures in place.
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COVID-19
You Have a COVID-19 Case! Best Practices for Employers to Manage Reports of Suspected Cases and Outbreaks
Based on our experience to date, available legislation, and public health guidance, we recommend the following step-by-step analysis and process.
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COVID-19
Work Refusals and COVID-19
General guidance on how employers must respond to a work refusal in the workplace during the COVID-19 pandemic.
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In A Flash
Ontario Pre-Start Health and Safety Engineering Review Obligations: Opportunity for Input
Hope for clarification and streamlining of requirements as the Ontario Ministry of Labour, Training and Skills Development is receiving submissions for potential changes until March 27, 2020.
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In-Depth Analysis
Harsh Probation Terms + Fines = Creativity: The New Math in OHS Sentencing?
A recent decision of the Ontario Court of Justice challenges traditional sentencing model after a Company was convicted of two OHSA offences following a fatal workplace accident.
Read more
In-Depth Analysis
Construction Upheaval: Potentially Landscape-Altering OHS Case – November 2019
Potential implications for municipalities and other owners of construction projects.
Read moreEvents
Articles and Papers
June 21, 2024Cheryl A. Edwards contributed to the article “Regulator charged with criminal negligence causing death” for Canadian Occupational Safety Magazine
June 6, 2019Cheryl A. Edwards authored the article “Criminal Prosecutions for OHS Accidents: Are They Advancing Safety?” for Canadian Occupational Safety Magazine
November 16, 2019Cheryl A. Edwards, Jeremy Warning, Deanah Shelley authored the article “”Construction Upheaval: Potentially Landscape- Altering OHS Case” for the firm’s OHS & Workers’ Compensation Advisor
March 7, 2019Cheryl A. Edwards and Jeremy Warning authored the article “Safety Failures – Hidden Costs and Consequences” for the March, 2019 issue of Canadian Occupational Safety Magazine
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