Ontario Court of Appeal Overturns Blue Mountain Accident Reporting Decision


Time Published on February 08, 2013

Ontario's Court of Appeal has overturned the Blue Mountain accident reporting decision.

Tag occupational health and safety

Make Sure Pre-Employment Screening is Complete Before they Start


Time Published on January 29, 2013

A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Hussey v. Big Brothers Big Sisters of Peterborough Incorporated (“BBBS”), is a reminder of the importance of ensuring that any pre-employment screening is complete before an employee starts work. Although the employer in this case was ultimately cleared of any human rights violations, it cannot recover the significant time and expense invested to defend the application.

Tag employment law,  human rights

Split Hairs and Sector Disputes


Time Published on January 22, 2013

A recent decision by the Ontario Labour Relations Board has just made these considerations more treacherous and the process of costing innovative construction projects more difficult.

Tag construction labour relations

Early Bird Registration is now open for First Reference's Ontario Employment Law Conference


Time Published on January 17, 2013

Please join us at First Reference's 13th Annual Ontario Employment Law Conference.

Tag stringer llp announcements

Early Morning OLRB Ruling Finds Teachers' Planned Day of Protest an Illegal Strike


Time Published on January 11, 2013

Most of us are well aware that at about 4 a.m. this morning, the Ontario Labour Relations Board (OLRB) ruled that the Elementary Teachers Federation of Ontario’s planned, so called, political day of protest would constitute an illegal strike.

Tag constitutional law,  labour relations

Court of Appeal Protects Manager from Personal Liability on Employee Termination


Time Published on January 09, 2013

A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v. Media Experts M.H.S. Inc., the Ontario Court of Appeal held that a terminated employee could not sue her boss personally for intentional infliction of nervous shock following the termination of her employment.

Tag employment law,  wrongful dismissal litigation

Ontario as a "Right to Work" Province


Time Published on December 20, 2012

For years the term “Right to Work” state has been synonymous with jurisdictions in the American South, where unions have traditionally been weak and unwelcome. Few would have believed that the home of the unionized American auto industry, Michigan, would also one day become a right to work state. But that has just happened. Winds of change are sweeping the American labour landscape. Could these winds shift north and propel Ontario to become a right to work province?

Tag constitutional law,  labour relations

Workwell to Rebrand: No Premium Surcharges in 2013


Time Published on December 19, 2012

George Gritziotis, Ontario's newly appointed Chief Prevention Officer, recently announced that the WSIB would not be assessing penalties (premium surcharges) against employers who fail their second Workwell audit in 2013.

Tag occupational health and safety

Appeal Court Expands Foreseeability Defence


Time Published on December 17, 2012

A recent, significant appeal decision challenges the traditional view that it is practically impossible for an employer to establish due diligence by arguing that an employee’s actions were not “foreseeable”.

Tag occupational health and safety

Office Holiday Parties - The Fine Print


Time Published on December 14, 2012

We've put together a few tips on enjoying your office party without facing lawsuits in the cold light of day.

Tag employment law,  general litigation,  human rights,  occupational health and safety

Manufacturing AUTOMATION's Fourth Annual Machine Safety Roundtable


Time Published on December 12, 2012

Jeremy Schwartz of Stringer LLP recently sat on a panel of industry leaders and experts for Manufacturing AUTOMATION’s Fourth Annual Machine Safety Roundtable. 

Tag occupational health and safety

Refreshing Statement on Employers' OHS Due Diligence Obligations


Time Published on December 06, 2012

The recent decision by the Ontario Court of Justice in R. v. Thomas Fuller and Sons Ltd. is a breath of fresh air. Though the decision does not make new law, it is perhaps one of the most balanced and articulate statements from an Ontario court regarding the general duty of employers to take “every precaution reasonable in the circumstances” section 25(2)(h) of the Occupational Health and Safety Act (OHSA).

Tag occupational health and safety

Human Rights Tribunal Finds that WSIB Discriminated Against an Injured Worker for Refusing to Provide Direct Deposit of Benefit Payments


Time Published on November 26, 2012

The Human Rights Tribunal of Ontario has ordered the WSIB to reimburse an injured worker all of the money which was stolen from him and to pay $5,000 for infringing his human rights, because it refused to pay him benefits by direct deposit.

Tag human rights

Appeal Court Clarifies "Foreseeability" as Element of OHS Due Diligence


Time Published on November 20, 2012

In R. v. Rassaun Steel & Mfg. Co. Ltd. (Rassaun), an appeal court reversed a conviction, finding that there was no evidence before the Justice of the Peace upon which to conclude the accident was reasonably foreseeable.

Tag occupational health and safety

Director sentenced to jail time for failure to pay wages under the ESA


Time Published on November 19, 2012

In a recent decision, the Ontario Court of Justice sentenced the director of six Ontario companies, Steven Blondin, to 90 days in jail for failing to pay wages to employees.

Tag employment law,  employment standards