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Occupational health and safety

Occupational health and safety is a field of seemingly ever-increasing risk and complexity for employers and management.

Governments across Canada continue to expand the scope and demands of OHS safety legislation to address new issues, and to authorize ever harsher penalties. Increased numbers of inspectors and prosecutors take an ever more aggressive stance on compliance and penalties for non-compliance.

As Canada’s leading occupational health and safety practice, Mathews Dinsdale offers the guidance you need to navigate provincial and federal OHS matters in all sectors. We advocate for employers and management in provincial and federal OHS matters, as well as providing practical and strategic advice. Our team includes three former OHS prosecutors, recognized industry leaders, and authors of leading OHS texts, so we have the depth to provide unparalleled service.

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Call the support line 24/7 for strategic and practical advice for organizations and management regarding workplace accidents, stop work orders, work refusals, complaints of workplace violence or harassment, and other sensitive OHS issues.

The support line will connect you to one of our experienced OHS and Workers’ Compensation lawyers, who will be available to provide immediate support.

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Team members

A. Ryan Anderson*

Partner
Vancouver
T 604.638.2042 C 604.780.8764 randerson@mathewsdinsdale.com

Prateek Awasthi

Associate
Toronto
T 416.869.8537 C 416.570.6706 pawasthi@mathewsdinsdale.com

Liam Billings

Associate
Toronto
T 416.869.2508 lbillings@mathewsdinsdale.com

Mark Bout

Partner
Vancouver
T 604.638.2046 mbout@mathewsdinsdale.com

Loretta Bouwmeester, KC *

Partner
Calgary, Vancouver
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Lori Brienza*

She/Her

Partner
Calgary
T 403.538.5047 lbrienza@mathewsdinsdale.com

Wilson Chan

He/Him

Partner
Calgary
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Matthew Craig

Associate
Toronto
T 647.776.3669 mcraig@mathewsdinsdale.com

Julian Dickinson

Associate
Halifax
T 902.334.0439 jdickinson@mathewsdinsdale.com

Laura Dunnigan

She/Her

Partner
Calgary
T 587.319.6377 ldunnigan@mathewsdinsdale.com

Cheryl A. Edwards

She/Her

Partner
Toronto
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Brady Farmer

Associate
Calgary
T 587.441.1564 bfarmer@mathewsdinsdale.com

John Illingworth

Partner
Toronto
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Qasid Iqbal

Associate
Toronto
T 416.869.8543 qiqbal@mathewsdinsdale.com

Natasha Jategaonkar

She/Her

Partner
Vancouver
T 604.638.2045 C 604.364.1689 njategaonkar@mathewsdinsdale.com

Alisha Kassam

She/Her

Associate
Toronto
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Kyle MacIsaac

Partner
Halifax
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Stephen A. McArthur

Partner
Toronto
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James C. McKeown

Partner
Toronto
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Paul D. McLean*

Partner
Vancouver, Halifax, Calgary
T 604.638.2044 pmclean@mathewsdinsdale.com

Roza Milani

Associate
Vancouver
T 778.372.0878 rmilani@mathewsdinsdale.com

Mark D. Mills

Partner
Toronto
T 416.869.8547 C 416.561.0610 mmills@mathewsdinsdale.com

Christian Rocca

Associate
Toronto
T 416.869.2702 crocca@mathewsdinsdale.com

Tara Russell

She/Her

Associate
Calgary
T 587.441.1560 trussell@mathewsdinsdale.com

Deanah I. Shelly

Partner
Toronto
T 416.869.2502 C 416.575.5398 dshelly@mathewsdinsdale.com

Caroline Spindler

She/Her

Partner
Halifax, Fredericton
T 902.334.0438 cspindler@mathewsdinsdale.com

Ian B. St. John

Partner
Toronto
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Joanna Strozak

She/They

Associate
Toronto
T 416.869.2758 jstrozak@mathewsdinsdale.com

Ernest Tam

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T 416.869.8541 C 647.926.5782 etam@mathewsdinsdale.com

Gradin D. Tyler*

Partner
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T 604.638.2043 gtyler@mathewsdinsdale.com

Jeremy Warning

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Partner
Toronto
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Julie Weller

She/Her

Partner
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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.

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.

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.

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.

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.

In A Flash

Ontario Contemplates, Seeks Input Into, OHSA Outdoor Air Quality and Heat Stress Requirements

The Ontario Ministry of Labour, Immigration, Training and Skills Development announces it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, one in relation to air quality and the other relating to heat stress.

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.

In A Flash

Supervisor Found Guilty of Criminal Negligence Causing Death at New Brunswick Construction Site

A N.B. supervisor was convicted of criminal negligence causing death after a worker drowned on a construction site. The decision provides guidance to supervisors and employers alike regarding workplace health and safety obligations.

In A Flash

Upcoming Changes to Mandatory Working at Heights (WAH) Training

New standards aim to improve the quality of training and safety knowledge of participants when working in various settings. The changes will come into effect on April 1, 2024.

OHS & Workers’ Compensation Advisor

Effectively Managing OHS Risks for Volunteers and the Organizations they Serve

Ensuring that OHS risks are effectively managed with respect to volunteer ‘workers’ is key for employers. This article outlines what those OHS risks are and effective means of mitigating them.

In A Flash

Certain Ontario Workplaces Require Naloxone Kits by June 1, 2023

New requirements under the OHSA require certain Ontario workplaces to provide naloxone kits and training to workers on how to administer naloxone.

COVID-19

Ontario Court of Justice Issues the First COVID-19 Prosecution of an Employer Under Occupational Health and Safety Laws

An ON employer has been convicted and fined $125,000, under OHSA for failing to take the reasonable precautions necessary to protect against the transmission of COVID-19.

COVID-19

Recent COVID-19 Vaccination Policy Decisions

In recent weeks, arbitrators have released several new decisions related to COVID-19 vaccination policies implemented by employers. We provide an overview of these new decisions and how they compare to prior decisions

In A Flash

Bill 88 Passes. Here’s What It Means for Ontario Employers

On April 11, 2022, the Working for Workers Act, 2022 became law. It establishes new rights for digital platform workers, increases penalties for violation of workplace health and safety rules, and imposes new requirements on employers.

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.

In A Flash

Ontario’s Working For Workers Act Proposes Hard Hitting OHSA Amendments and New Naloxone Duty

ON announced sweeping changes to several statutes in the Working for Workers Act, 2022. Amendments to the OHSA would increase potential fines for directors and officers to the highest in the country, and dramatically raise other personal fines.

In A Flash

Ontario Proposes Legislation Requiring Employers to Inform Workers If, How and Why They are Being Monitored

Ontario proposes new legislation that, if passed, would require employers to disclose the extent to which they monitor their employees electronically, including their use of computers, cellphones, GPS trackers and other devices.

COVID-19

Ontario Arbitrators Uphold Vaccination Policies

Over the past few months, more Ontario arbitrators have released decisions on COVID-19 vaccination policies implemented by employers. This article will provide an update on the new decisions and how they compare to prior decisions.

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.

COVID-19

Quebec Administrative Labour Tribunal Deems Air Canada Employee Eligible for Workers’ Compensation after Slip and Fall While Working From Home

This case highlights concerns for employers regarding the risks and impact of workers sustaining injuries while working from home.

In A Flash

Ontario Passes the Working for Workers Act

The Working for Workers Act, 2021 bans non-compete agreements for employees, requires recruiters and temporary help agencies to be licenced, and requires mandatory policies dealing with employee rights to disconnect from work at the end of the day.

In A Flash

Ontario WSIB Announces New Financial Measures at AGM

The Ontario government has announced a plan to reduce WSIB premium rates for 2022, and to distribute excess surpluses from the WSIB insurance fund to participating employers.

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.

COVID-19

Ontario Human Rights Commission Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates

OHRC takes the position that mandating and requiring proof of vaccination to protect people at work or when receiving services is generally permissible under the Human Rights Code.

COVID-19

COVID-19 Vaccine Mandatory for B.C. Healthcare Workers

Effective October 26, 2021, vaccination will be a condition of employment for employees at all B.C. healthcare facilities. Also included are those working in settings such as home and community care facilities, including client homes.

In A Flash

Federal Election Update: Lots of Promises Impacting Federal Sector Workplaces

With the federal election taking place on September 20, 2021, the three major parties have made promises that will potentially have significant impacts on federal sector employers.

In A Flash

Ontario’s Divisional Court Weighs in on the Limits to Barring an Injured Worker’s Right to Sue

Court has partially overturned Decision No. 1227/19 of the WSIAT on judicial review, permitting a worker to sue for constructive dismissal and related aggravated, moral and punitive damages, despite the worker being entitled to receive benefits under the WSIA.

In A Flash

Ontario Aims to Streamline Employer OHS Reporting Requirements into a Single Regulation

A new regulation under the Occupational Health and Safety Act will come into force on July 1, 2021 in Ontario.

COVID-19

Alberta Enters Stage 2 of Reopening: What this Means for Employers & Workplaces

Mandatory work from home order is lifted but remote work is still recommended where possible. Employers must maintain health and safety measures to reasonably address the continuing COVID-19 hazard.

COVID-19

Ontario Arbitrator Upholds COVID-19 Rapid Testing on Construction Sites as Reasonable

Although this award was related to the construction industry specifically, it establishes that in the appropriate context, Ontario employers may implement reasonable COVID-19 rapid testing protocols to protect the health and safety of workers and the public.

COVID-19

Ontario Enters Step One of Reopening Plan on June 11, 2021

On Friday, June 11, 2021, at 12:01 a.m., the Ontario government will enter Step One of its Roadmap to Reopen, a few days ahead of its target date of Monday, June 14, 2021.

COVID-19

Common Law on Layoffs Found to be “Inapplicable and Irrelevant” by Ontario Court

This article discusses the latest decision in Taylor, and the implications on existing and contemplated constructive dismissal litigation arising from pandemic-related layoffs.

COVID-19

COVID-19 Restrictions to Continue Through Expiry of Ontario’s Stay-at-Home Order

Ontario’s Stay-at-Home Order expired, signalling the beginning of a gradual reopening of the province. In this article, we explore Ontario’s COVID-19 plan for reopening and how this recent change affects businesses and workplaces.

In A Flash

Supreme Court of Nova Scotia Doubles Fine Issued to Employer for OHSA Violations Following Worker Fatality

This article provides an update on R v Hoyeck, 2021 NSSC 178, and reviews the principles that will be taken into account by the courts in assessing fines and sentencing in occupational health and safety matters.

COVID-19

Paid Leave Now the Law in B.C.

Bill 13 – the Employment Standards Amendment Act (No. 2), 2021 received Royal Assent and is now law in B.C. Bill 13 requires employers to provide paid COVID-19-related leave to eligible employees, for up to a maximum of 3 days.

COVID-19

B.C. Introduces COVID-19-related Paid Leave

When passed, Bill 13 will temporarily amend the ESA such that employers will be obligated to provide paid COVID-19-related leave to eligible employees, for up to a maximum of three days, if the employee qualifies for the leave.

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.

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.

COVID-19

Ontario’s New COVID-19 Paid Sick Days – Reimbursement for Employers and the Role of the WSIB

This article will answer key questions regarding the WSIB’s role in reimbursing employers, the application process, and the impact of paid leave on WSIB costs.

COVID-19

Ontario Enacts Legislation Providing Three Paid Sick Days for COVID-19 Related Reasons

ON Government enacted Bill 284, COVID-19 Putting Workers First Act which introduced Infectious Disease Emergency Leave Pay. The Paid Leave will be administered by the employer and applied retroactively starting from April 19/21 and will expire on September 25/21.

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.

COVID-19

Ontario Proposes Temporary Program for Paid Sick Days Relating to COVID-19

ON Government announced an intention to implement legislation which, if passed, would temporarily provide employees with up to three paid sick days for absences related to COVID-19.

COVID-19

Toronto Public Health Releases Section 22 Order to Close Workplaces with 5 or More COVID-19 Cases

Toronto Public Health has published its Section 22 Order under the Health Protection and Promotion Act for workplaces with cases of COVID-19. A summary is provided in this article.

COVID-19

Paid & Job-Protected Leave for Alberta Employee COVID-19 Vaccinations

Effective April 21, 2021, Alberta employers must give employees job-protected leave to receive COVID-19 vaccinations without any loss of pay or benefits.

COVID-19

Peel Public Health Releases Section 22 Order to Close Workplaces with 5 or More COVID-19 Cases

Peel Public Health has published its Section 22 Order under the Health Protection and Promotion Act for workplaces with cases of COVID-19. A summary is provided in this article.

COVID-19

Toronto and Peel Region to Order Closures of Workplaces with 5 or More COVID-19 Cases

Both Regions announced that they will be issuing Section 22 Orders under the Health Protection and Promotion Act for Workplaces with employees diagnosed with COVID-19. Closures will be effective Friday, April 23, 2021.

COVID-19

B.C. Provincial Health Officer Announces New Workplace Closure Powers Due to COVID-19 Transmission – Updated April 13/21

The Provincial Health Officer has issued a written order which allows medical health officers to close all or part of a workplace where the officer has reason to believe that one or more employees has been infected with COVID-19 in the workplace.

COVID-19

Ontario Declares Third State of Emergency and Issues Stay-At-Home Order

The Order will be in effect as of April 8, at 12:01 a.m. for a 4 week period. The declaration of emergency will terminate after 14 days, unless terminated earlier or extended. This article sets out the key restrictions which will be in effect for the duration of this Order.

COVID-19

Ontario Enters Four-Week, Province-Wide Shutdown

All public health regions will return to the Shutdown zone of Stage 1 for a period of four weeks effective April 3/21. During this time, measures under the COVID-19 Response Framework: Keeping Ontario Safe and Open, will be paused.

COVID-19

B.C. Facing New Covid-19 Restrictions as Cases Continue to Rise

As case counts rise and an increasing prevalence of several variants of concern B.C. Government announces new COVID-19 restrictions that will come into effect on Tuesday, March 30, 2021 at midnight and will be in force for at least three weeks.

COVID-19

COVID-19 Mandatory Screening Tools Update for Employers

Time to review your COVID-19 workplace screening practices. The Ontario Chief Medical Office of Health has issued an update and further developed the workplace COVID-19 Screening tool for businesses and workers.

COVID-19

Alberta Government Launches Critical Worker Benefit

Employers with eligible employees are expected to apply and administer the benefit on behalf of the government. It is important to apply early as the deadlines are in March and there is a cap on the total amount the government will pay.

COVID-19

Stay-at-Home Order Extended for Toronto, Peel and North Bay-Perry Sound While York Region Moves to “Red Control” Zone

The extended Stay-at-Home order in these designated regions will remain in effect until at least March 8, 2021.

COVID-19

Update on Ontario’s Stay-at-Home Orders

The ON Government announced that while the state of emergency will expire as scheduled on February 9, 2021, the current Stay-at-Home Orders will remain in place in the majority of the public health regions in ON.

COVID-19

Ontario Expands Emergency Child Care to Workers in the Construction and Transportation Sectors

On February 7, 2021, the Ontario Government announced that eligibility for emergency child care services will be expanded to include additional frontline workers in Toronto, York Region and Peel.

In A Flash

Record-Setting ‘Injury to Dignity’ Award by B.C. Human Rights Tribunal

More than double the highest-ever payment to a complainant for injury to dignity, $176,000 in general damages as part of an award in which the total damages approach $1,000,000.

COVID-19

Ontario Government Updates COVID-19 Workplace Safety Guidance

Ontario’s Ministry of Labour, Training and Skills Development recently modified and added new guidance to employers and workplace parties as lockdown orders continue.

COVID-19

Can Employers Require That Employees Take the COVID-19 Vaccine?

An outline of requirements and considerations for implementation of a mandatory COVID-19 vaccination policy, should an employer deem one necessary for their workplace.

COVID-19

Attention Unionized Hospitality, Tourism and Convention and Trade Show Industries: New Relief for Impacts of COVID-19

The Regulation allows unions and employers in these industries to work together by providing employers with an alternative to putting termination and severance pay into trust. We summarize the new regulation and how it may affect employers.

COVID-19

Ontario Extends all Orders Currently in Force and Moves 7 Regions to New COVID-19 Levels with Stronger Health Measures

The Government of Ontario continues to update its COVID-19 Response Framework. We have incorporated these updates in this article.

COVID-19

New Stringent Action Taken to Curb Rising Spread of COVID-19 in Alberta

Employers should be aware of new extensive restrictive measures, and carefully consider how their business operations may be further adapted to comply with the new restrictions after what has proven to be a very challenging year for AB employers.

COVID-19

Toronto and Peel Regions Move Into Lockdown Stage Starting Monday, November 23/20

Employers should determine which measures will apply to their workplace based on the province’s updated classifications and restrictions. The Lockdown stage will last a minimum of 28 days.

COVID-19

Ontario Extends COVID-19 Emergency Orders to December 21, 2020

On November 20, 2020, the Ontario Government announced an extension of the emergency orders currently in force under the Reopening Ontario Act. These orders are summarized in this article.

COVID-19

Provincial Health Officer Imposes New COVID-19 Orders for Employers and Individuals in British Columbia

The orders, which we summarize in this article, are in effect from November 19, 2020 to December 7 at 12:00 p.m.

COVID-19

Ontario Government Announces COVID-19 Inspection Blitz

Workplace COVID-19 inspection blitzes coming to “strategic locations” in Ontario.

In A Flash

OHS Legislative Change in Alberta is Coming Around Again – Very Likely September 2021

Bill 47: Ensuring Safety and Cutting Red Tape Act will likely pass third reading in the legislature by December and result in very significant, and far-reaching, changes to the current Occupational Health and Safety Act.

COVID-19

Alberta Releases New Mandatory and Voluntary Targeted Public Health Measures in Response to the Rise in COVID-19 Cases

Employers should carefully review the requirements to determine whether the targeted measures apply to their workplace.

COVID-19

British Columbia Health Officer Imposes New COVID-19 Orders For Lower Mainland Employers and Individuals

The new orders affecting individuals and businesses in the Fraser Health and Vancouver Coastal Health Regions target social gatherings, group physical activities and workplaces, and are in effect from November 7 to November 23, 2020.

COVID-19

New Ontario Bill Proposes Protection from COVID-19 Lawsuits

Bill 218: Supporting Ontario’s Recovery and Municipal Elections Act, 2020, is designed to increase protection for frontline workers and business who are making a good faith effort to act in accordance with applicable public health guidelines and laws relating to COVID-19.

In A Flash

Update: Damages Awarded for Loss of Incentive Plan Payout in Matthews v Ocean Nutrition Canada Ltd.

Supreme Court of Canada finds that language in an incentive bonus plan was not sufficiently clear to deny a former employee payment under the plan.

COVID-19

Ontario Implements Additional Public Health Measures Including Mandatory Face Coverings

Subject to some exceptions, ON has mandated the use of face coverings for all persons inside businesses and organizations that are open to the public across the Province. This article summarizes these new developments.

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.

COVID-19

CERB Slated to End September 27 as Federal Government Announces Expanded EI Program and Other Financial Benefits

The Federal Government has announced an extension of the Canada Emergency Response Benefit (CERB) by an additional four weeks to a maximum of 28 weeks.

COVID-19

Ontario Provincial Government Extends Orders Under the Reopening Ontario Act

The extension to September 22, 2020 will help the provincial government address the ongoing risks of COVID-19 and ensure measures are in place to protect vulnerable populations as the province reopens.

In A Flash

Alberta Government Seeks Public Feedback for Review of Occupational Health and Safety and Workers’ Compensation in the Province

A review of the feedback process employers are encouraged to participate in, as well as issues employers have faced under the current OH&S and Workers’ Compensation legislation.

COVID-19

COVID Alert Contact Tracing App Available For Download

The Government of Canada and Ontario made the new COVID Alert contact management app available for download. The app lets users know if they may have been exposed to the virus.

OHS & Workers’ Compensation Advisor

Charged With an OHSA or Other Provincial Offence? Get Ready for E-Court!

Recent amendments to the Provincial Offences Act have expanded the court’s ability to conduct proceedings electronically. This Advisor discusses those amendments and the potential impact on defendants charged under the OHSA and other provincial statutes.

In A Flash

Alberta Passes New Workplace Laws – Updated July 30/20

Bill 32: Restoring Balance in Alberta’s Workplaces Act, 2020 received Royal Assent on July 29, 2020, and is now officially law, resulting in significant changes to the legislation affecting Alberta’s workplaces.

COVID-19

Ontario Entering Stage 3 of Reopening on a Regional Basis – Updated July 29/20

The Ontario Government announces City of Toronto and Peel Region will move to Stage 3 of the Province’s reopening plan.

COVID-19

Mandatory Mask Use Indoor Calgary Public Spaces and Alberta Schools to Re-open in the Fall

A review of the implications for employers, and what workplace accommodations may become necessary as a result.

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.

COVID-19

FAQ’s: COVID-19 and the Workplace – Updated Sept 15/20

As part of our ongoing effort to keep employers informed during the COVID-19 pandemic, our FAQ has been updated given the rapidly changing workplace environment.

In A Flash

B.C. Government Proposes Significant Changes to Workers’ Compensation Act

BC government has introduced wide-ranging amendments to the Workers Compensation Act which, when passed, will result in higher costs for employers and increased risk of criminal prosecutions for workplace safety violations.

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.

COVID-19

Closures Affecting Courts and Workplace Tribunals in Atlantic Canada – Updated March 5/21

Courts and workplace tribunals in Atlantic Canada have taken preventative measures in response to COVID-19.

COVID-19

Atlantic Canada Response to COVID-19 – Updated March 5/21

Atlantic Canada, like elsewhere in the country have started to take more significant measures to help prevent the spread of COVID-19.

COVID-19

Ontario Emergency Declaration in Response to COVID-19 – Updated June 24/20

Ontario Premier Doug Ford extends state of emergency to May 12, 2020.

COVID-19

Ontario Releases Guide to Help Employers Develop COVID-19 Workplace Safety Plan

The Ontario Government released an online guide to assist employers in developing safety plans as employees begin to return to work across the Province.

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.

COVID-19

New Ontario Regulation Modifies Treatment of Layoffs Related to COVID-19

This Regulation would be of interest to Employers who have temporarily laid off employees for reasons related to the COVID-19 pandemic.

COVID-19

Border Closure – Updated May 19/20

The Canadian government has announced additional measures in an attempt to stop the spread of COVID-19 by way of further border closures.

COVID-19

Updated List of Essential Services in Ontario – Non Construction

The Ontario Government has updated its list of essential businesses allowed to remain open and has also provided guidance as to how such businesses should operate.

COVID-19

Closures Affecting Ontario & Federal Courts and Workplace Tribunals – Updated May 15/20

This page will be updated as closures regarding Ontario & Federal Courts and Workplace Tribunals are announced.

COVID-19

Closures Affecting Courts and Workplace Tribunals in Alberta – Updated May 13/20

Alberta Courts and Tribunals announce cancellation of hearings and other related adjustments to their operations.

COVID-19

Recalling Employees to Work: Guidance for Canadian Employers

This article identifies key issues and considerations in answering common questions about recalling employees back to work at this time.

In A Flash

Ontario to Temporarily Provide Certain Essential Workers with Pandemic Premium Pay

The Ontario government is providing certain frontline workers with a temporary pandemic premium that will increase existing hourly wages.

COVID-19

Ontario: Additional Steps to Improve Health Care Flexibility During COVID-19

Under the Emergency Management and Civil Protection Act, the ON Government issued a series of new temporary emergency orders to support the needs of the province’s hospitals and health care workers to allow for improved management of critical health care human resources.

COVID-19

BC Declares Public Health Emergency and State of Emergency – Updated May 1/20

British Columbia has declared a public health emergency pursuant to the Public Health Act and a state of emergency under the Emergency Program Act.

COVID-19

Closures and Hearing Cancellations Affecting BC Courts and Workplace Tribunals – Updated April 29/20

This page will be updated as closures regarding British Columbia courts and Workplace Administrative Tribunals are announced.

COVID-19

Ontario Implements Third Emergency Order to Support Long-Term Care Homes Amid COVID-19 Outbreak – Updated April 15/20

This temporary order implements more aggressive testing, screening, and surveillance of long-term care home residents and staff.

COVID-19

Ontario Ramps Up COVID-19 Response: 24/7 Work Permitted at Essential Construction Projects

ON permitting extended hours for defined essential healthcare construction projects, permitting them to operate 24/7 without violating local noise bylaws.

COVID-19

Ontario Implements Emergency Order to Support Developmental Services Agencies Amid COVID-19 Outbreak

This temporary order provides developmental service agencies with increased flexibility in relation to staffing, allowing them to redirect workers to more essential tasks.

COVID-19

Overview of Various Government Programs Being Launched to Mitigate the Economic Impact of the COVID-19 Pandemic – Updated March 30/20

Programs that have been announced and/or put in place by the Federal and Provincial governments in response to the global COVID-19 pandemic

COVID-19

Ministry of Labour Updates Guidance for Ontario Construction Sites

Ontario’s Chief Prevention Officer offers guidance to help employers meet their OH&S responsibilities and to help prevent the spread of COVID-19 on job sites.

COVID-19

Newfoundland and Labrador Introduce COVID-19 Related Leave

Among other changes introduced in the COVID-19 Pandemic Response Act on March 26, 2020.

COVID-19

BC Announces List of Essential Services

On March 26, 2020, the BC Government announced a list of essential services in BC in response to COVID-19.

COVID-19

Alberta Implements 14-Day Unpaid Job-Protected Leave

As a result of the COVID-19 pandemic, AB has implemented a 14 day unpaid job-protected leave for the isolation period recommended by the AB Chief Medical Officer.

COVID-19

Ontario Announces Temporary Order Allowing Collective Agreements to be Overridden by Redeployment Plans – Updated March 24/20

ON government issued a temporary order impacting Ontario’s health service providers in light of the current COVID-19 pandemic.

COVID-19

Mathews Dinsdale is delighted to announce the addition of its new Associate, Julian Dickinson to the Firm’s Halifax office. Julian advises employers across Atlantic Canada in all areas of workplace law. Welcome to the team!

Announcement

Mathews Dinsdale is delighted to announce the addition of its new Associate, Qasid Iqbal to the Firm’s Toronto. Welcome to the team!

Announcement

Mathews Dinsdale is delighted to announce the addition of its new Associate, Liam Billings to the Firm’s Toronto office. Welcome to the team!

Announcement

Mathews Dinsdale is delighted to announce the addition of its new Associate, Joanna Strozak to the Firm’s Toronto office. Welcome to the team!

Recognition

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.

Recognition

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.

Announcement

Mathews Dinsdale is pleased to announce the opening of our Victoria office to support employers on Vancouver Island and to further support employers in Western Canada. The Victoria office is located in the historic Old Victoria Customs House at 1002 Wharf Street, Victoria, BC. Read more.

Recognition

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!

In the news

Paul McLean interviewed on CTV News - Vancouver. Can Employers Ask for Vaccine Status of Staff?

In the news

Tara Erskine spoke to CTV Atlantic on the issue everyone is talking about Mandatory COVID-19 Vaccines Can an Employer Require It?

In the news

Paul McLean interviewed on CTV News - Vancouver. Can employers force workers to get vaccinated?

Recognition

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.

Article

COVID-19 is fundamentally changing the world we live in, but what impact will the societal changes of the past year have on the future of the workplace? For the 2021 edition of The Word: Forces for Change, Ius Laboris surveyed over 500 HR professionals in over 25 countries around the world and their findings offers employers insights and guidance for the road ahead.

In the news

Sonia Regenbogen, Tara Erskine and Hilary Grice are presenting at the Ius Laboris Legal HR Summit 2020. A virtual event where legal and HR meet to share their vision for the future of the working world. This complimentary event will take place Nov 4-5, 2020.

Announcement

Mathews Dinsdale is pleased to welcome John Illingworth as a Partner to the Firm. John’s practice includes a broad range of labour and employment issues, with a special focus on workers’ compensation, occupational health and safety, and labour relations.

In the news

Caroline Spindler, from our Halifax office, will be presenting on OH&S at the CPHR Nova Scotia 2020 Halifax Virtual Law Conference taking place October 20 & 22, 2020.

Recognition

Mathews Dinsdale is recognized by the readers of Canadian Occupational Safety as the preferred OHS Legal Service Provider in Canada for 2020. Congratulations to our Occupational Health and Safety Practice Group.

In the news

Deanah Shelly along with other professionals, will be presenting at the Ontario Occupational Health Nurses Association Virtual Conference Keeping Workers Well 2020 - September 25, 2020

In the news

Cheryl Edwards, along with other professionals, presented at the Human Resources Professionals Association (HRPA) webinar titled Does Safety Trump Privacy? June 2020.

Recognition

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.

In the news

Ryan Anderson talks with Adam Stirling on C-FAX1070, about the need for urgent government action to avoid crippling liabilities associated with automatic employee terminations in BC. Deadline to Pay Severance Fast Approaching for Many Businesses.

In the news

Paul McLean interviewed as part of a CityNews1130 story on CERB and the obligation to return to work. White Rock Coffee Shop Struggling to Get Workers Back.

In the news

Ryan Anderson along with other experts were guest presenters for the webinar Returning to Work: HR, Legal, Tax, Insurance, and Benefits Considerations presented by Montridge June 2020.

In the news

Paul McLean interviewed as part of a CTV News Vancouver story on COVID-19 and the Workplace.

In the news

Tara Erskine interviewed as part of a CTV News Atlantic story on Employer and Employee Rights in Dealing with COVID-19.

Recognition

Mathews Dinsdale recognized among the "Top 10 Labour & Employment Boutiques 2020-2021" by Canadian Lawyer Magazine.

Article

Sara Malkin co-authors article for OHS Canada entitled Tips for Implementing Mental-Health Policy.

Recognition

Mathews Dinsdale lawyers from coast-to-coast recognized in the 2019 Canadian Legal Lexpert® Directory as leaders in Labour & Employment Law, Construction Labour Relations, OH&S Law and Workers’ Compensation Law.

Article

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

Events

Webinar Recording

May 29, 2024