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March 18, 2025
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Stay informed of the latest workplace law developments locally, nationally, and globally. From the timely quick read In A Flash to the In-Depth Analysis of various Advisors, Mathews Dinsdale’s team keeps you up-to-date.
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OHS & Workers’ Compensation Advisor
Crushing Fines Introduced For Repeat Violators of Ontario Occupational Health and Safety Act
On November 27, 2024, the Ontario government introduced yet another amendment to Ontario’s OHS legislation, further increasing the potential for severe, if not crushing, corporate OHS penalties. Bill 229, the Working for Workers Six Act, 2024 (the “Bill”), introduced a number of potential changes to labour and employment legislative provisions.
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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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Webinar Recording
May 29, 2024
Managing Officer and Director Personal Liability Risk for OHS Violations and WCB Claims
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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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In A Flash
Vaccination Policy Did Not Give Rise to Constructive Dismissal
On December 1, 2023, the Alberta Labour Relations Board overturned the decision of an Employment Standards Officer to grant an employee termination pay for being “constructively dismissed” after being placed on leave due to non-compliance with the employer’s vaccination policy.
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OHS & Workers’ Compensation Advisor
Is Everyone Who Employs Anyone Responsible for Everything Anyone Does? Maybe. SCC Splits on Scope of Owner / Employer OHSA Obligations on Construction Projects
The Supreme Court of Canada has released its long-awaited decision in R. v. Greater Sudbury (City). The Court has split 4:4 on its decision, reflecting a strongly divided opinion on a complex area of OHS law regarding the role and duties of owners and, more broadly, employers on a construction project. While the City of Greater Sudbury’s appeal is dismissed as a result, the decision raises significant questions for all owners and employers tasked with managing risk in a multi-employer workspace. This Advisor provides a summary of the Supreme Court’s decision, and discusses its potential implications.
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