Representative experience

December 2019

Successfully 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 All charges withdrawn without a trial — Counsel: Cheryl A. Edwards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 2019

Successful 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 All charges withdrawn — Counsel: Cheryl A. Edwards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 2018

Successfully 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 2018

Successfully 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 2018

Successfully 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 2017

Successfully 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 2014

Successfully 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 2014

Advised 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 2014

Advised 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 2013

Advised 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 2013

Successfully 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 2013

Successfully 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 2012

Successful 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 2012

Successful 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 2012

November 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

October 2012
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 2011

Developed National Workplace Violence Prevention Policy and Program for Canadian operations of global manufacturer — Counsel: Cheryl A. Edwards

October 2011

Successful 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 2011

Successful 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 2010

Representation of federally regulated employer on charges under Canada Labour Code arising from double fatality in confined space — Counsel: Cheryl A. Edwards

October 2008

Successful 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 2008

Advised 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 Canada

Workers’ Compensation Law

Canadian Legal Lexpert Directory

Occupational Health & Safety and Workers’ Compensation Law

Chambers and Partners Canada

Employment and Labour Law – Ontario

Canadian OH&S Magazine

Readers Choice Award

Insights

Events

Articles and Papers

June 6, 2019

Cheryl A. Edwards authored the article “Criminal Prosecutions for OHS Accidents: Are They Advancing Safety?” for Canadian Occupational Safety Magazine

November 16, 2019

Cheryl 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, 2019

Cheryl A. Edwards and Jeremy Warning authored the article “Safety Failures – Hidden Costs and Consequences” for the March, 2019 issue of Canadian Occupational Safety Magazine