Guilty Pleas in Toronto Christmas Eve Fatalities


Time Published on June 18, 2012

Christmas Eve scaffolding collapse fatalities results in guilty plea.

Tag occupational health and safety

Court Strikes Down Release Signed on Termination


Time Published on June 18, 2012

Ontario's Superior Court of Justice recently struck down a release signed at a termination meeting. 

Tag employment law,  wrongful dismissal litigation

ONCA Rules Exclusion of RCMP from Collective Bargaining Regime Constitutional


Time Published on June 11, 2012

In a decision that will all but certainly find its way to the Supreme Court of Canada (SCC), the Ontario Court of Appeal (ONCA) has ruled that the exclusion of RCMP members from the collective bargaining regime established by the Federal Public Service Labour Relations Act (the “PLSRA”) is constitutional.

Tag constitutional law,  labour relations

Bill 119 takes effect January 1, 2013


Time Published on May 24, 2012

Under the new legislation, Bill 119, the Workplace Safety and Insurance Amendment Act 2008 obligates independent operators, sole proprietors, partners and executive officers working in the construction industry to obtain insurance coverage, with certain exceptions.

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Narrow reading of liability for Architects and Engineers under the OHSA


Time Published on May 22, 2012

A recent decision, R v The Corporation of the City of Guelph et al. provides a narrow interpretation of limitation periods in the Occupational Health and Safety Act (the “OHSA”) for negligent or incompetent work by architects and engineers, limiting the time frame of potential liability.  A professional engineer or architect can be charged under the OHSA when a worker is endangered as result of negligent or incompetent advice.

 

 

Tag occupational health and safety

Court Signals Summary Judgement Often Appropriate for Wrongful Dismissal Actions


Time Published on May 09, 2012

The judiciary is regularly signalling that resolutions without lengthy and expensive trials are to be encouraged, wherever possible.

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Minister Jason Kenney Announces changes to the Immigration System to Promote Canadian Labour Market


Time Published on April 30, 2012

The Ministry of Citizenship and Immigration Canada has made several announcements over the past couple weeks regarding proposed changes to our immigration system focused on Canadian labour market needs.

Tag employment law,  immigration

Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal


Time Published on April 25, 2012

Ontario’s Divisional Court has upheld a lower court ruling refusing to certify a class action for statutory notice and severance pay, and in the process provided helpful guidance interpreting an earlier Ontario Court of Appeal decision on constructive dismissal.

Tag class actions,  constructive dismissal,  employment standards

OLRB rules on electrician exemption in construction regulation


Time Published on April 23, 2012

The Ontario Labour Relations Board (OLRB) has ruled that a worker does not have to be a certified or apprentice electrician to interconnect solar panels using “plug-and-play” electrical connectors. This interesting decision will have far-reaching implications for the Solar Industry and probably for other industries as well in which similar connectors are utilized or may be developed. 

Tag construction labour relations,  occupational health and safety

What Does the Crown Have to Prove in an OHSA Prosecution?


Time Published on April 17, 2012

In one recent appeal case the court has opened the door to imposing a more rigorous burden on the Crown in certain types of cases.

Tag occupational health and safety

The Supreme Court to Lay Down the Law on Random Alcohol Testing


Time Published on April 03, 2012

The Supreme Court recently granted leave to appeal a decision regarding a random alcohol testing policy out of a paper mill near the City of Saint John in New Brunswick.

Tag employment law,  labour relations,  privacy

OLRB Directs Inspector to Produce Investigation Records


Time Published on March 26, 2012

In a relatively minor decision that may have significant implications, the Ontario Labour Relations Board (“OLRB”) has ordered Ministry of Labour Inspectors to produce certain investigation records.

Tag occupational health and safety

Employer Successfully Defends a Charge of Failing to Report an Accident to WSIB


Time Published on March 21, 2012

An employer has successfully defended a charge of failing to report an accident to the WSIB within the timeframe permitted by law. 

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Minor Change to the OLRB's Rules of Procedure could have a Major Impact


Time Published on March 14, 2012

A change to the OLRB's Rules of Procedure could have a favourable impact on OHS reprisal complaint proceedings.

Tag labour relations,  occupational health and safety

Debate Continues over Family Caregiver Leave


Time Published on March 12, 2012

On Friday, March 8 the Family Caregiver Leave Act (Bill 30) was debated for the third time at second reading in the Ontario Legislature.

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