Embracing the #MeToo Movement

Time Published on September 18, 2019 User Stringer LLP

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

Tag employment law,  human rights,  occupational health and safety

Zero Tolerance Policies and Medicinal Marijuana

Time Published on September 28, 2018 User Stringer LLP

The Ontario Human Rights Tribunal weighs in on the legality of a “zero tolerance” policy for workplace (medicinal) marijuana consumption.

Tag human rights,  occupational health and safety

Unsafe on the Roads, Unsafe in the Warehouse: Workers Convicted of “Distracted” Operation

Time Published on June 19, 2018 User Stringer LLP

A recent case from the Ontario Court of Justice suggests that workplace policies can be a significant component in determining what constitutes unsafe conduct under the Occupational Health and Safety Act.

Tag occupational health and safety

Court Confirms Signaling Does Not Have to Be a Worker’s Only Job

Time Published on May 07, 2018 User Stringer LLP

The Ontario Court of Justice was asked to determine what constitutes "not performing other work" as a signaller.

Tag occupational health and safety

Court Gives Guidance as to When OHSA Prosecutions May Lead to Jail Time

Time Published on September 29, 2017

A recent Ontario appeal, helps shines much needed light on the subject of when individuals may be subject to imprisonment for health and safety offences.

Tag occupational health and safety

Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace

Time Published on September 19, 2017

In a recent decision, the Ontario Court of Appeal upheld a lower court’s ruling that a citizen’s harassing behaviour toward members of city council did not fall within the ambit of the Occupational Health and Safety Act because it did not occur at the "workplace". 

Tag employment law,  occupational health and safety

Can a Defendant be Charged Criminally After Pleading Guilty to OHSA Charges?

Time Published on August 25, 2017

A supervisor who pleaded guilty under OH&S legislation was later charged with criminal negligence causing death.  The criminal charges were recently dismissed, but the door is theoretically still open in other cases now and in the future.

Tag constitutional law,  occupational health and safety

Smoked Out: Employer Convicted When Employee Smokes in Truck

Time Published on July 28, 2017

Do you have a policy prohibiting your employees from smoking when they drive alone in a company vehicle?  If not, you may be breaking the law

Tag occupational health and safety

Is it work-related? Novel workers’ compensation decisions deal with harassment and assault

Time Published on May 18, 2017

It may seem fairly obvious when a worker breaks her leg “in the course of employment”. However, injuries and illnesses related to bullying and harassment have drawn significant attention in recent years, and decisions from various workers’ compensation tribunals across the country illustrate that determining the work-relatedness of such injuries is no simple task.

Tag occupational health and safety,  workers' compensation

May 3 - Ryan and Jeremy to Present on Marijuana in the Workplace at WSPS Conference

Time Published on April 17, 2017

Ryan Conlin and Jeremy Schwartz will be speaking on May 3 at Partners in Prevention presented by the WSPS.

Tag occupational health and safety

The Tail Wags the Dog: Federal Sector Employee Vetoes Employer`s Appointment of Investigator

Time Published on November 25, 2016

A recent case brought into question whether an employee objecting to the appointment of an investigator under the Canada Labour Code due to their perceived impartiality is under an onus to justify their position.

Tag occupational health and safety

Supreme Court Decision May Protect Defendants Charged with OHSA Offences from Unreasonable Delay

Time Published on September 14, 2016

A recent decision from the Supreme Court of Canada could have the effect of allowing corporations charged under the OHSA to seek remedies when a trial is unreasonably delayed in a considerably broader swath of cases.

Tag occupational health and safety

After the Accident: Pitfalls to Avoid for Employers after Workplace Accidents

Time Published on May 27, 2016

The obligations on employers, constructors and other workplace stakeholders once a workplace accident occurs are heavy.  The Occupational Health and Safety Act requires that these parties take positive actions immediately from the time that an accident occurs.  These actions can have important implications for later legal proceedings.  Failing to comply with these obligations is itself a breach of the Act and can lead to legal liability distinct from and in addition to any liability flowing from the accident.

Tag occupational health and safety

Ryan Conlin Speaking on OHS in the Daily Commercial News

Time Published on May 06, 2016

Read the Daily Commercial News's report on Ryan Conlin's presentation at this year's Partners in Prevention occupational health and safety conference held on April 26. 


Tag occupational health and safety

Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator

Time Published on March 22, 2016

The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate. Employers should take note of the legislative requirements in the jurisdictions in which they operate. Recently, the Federal Court of Appeal ruled on the issue of when federal employers must appoint an impartial investigator under the Canada Labour Code.

Tag employment law,  occupational health and safety