OHS & Workers’ Compensation Advisor
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
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
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.
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In A Flash
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.
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OHS & Workers’ Compensation Advisor
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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In A Flash
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.
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OHS & Workers’ Compensation Advisor
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
This issue highlights and provides context for the most significant developments in OHS for 2019.
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