Management Lawyers

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

Published on June 19, 2018

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.

occupational health and safety

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

Published on May 07, 2018

Stringer LLP

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

occupational health and safety

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

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

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". 

employment law,  occupational health and safety

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

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.

constitutional law,  occupational health and safety

Smoked Out: Employer Convicted When Employee Smokes in Truck

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

occupational health and safety

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

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.

occupational health and safety,  workers' compensation

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

Published on April 17, 2017

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

occupational health and safety

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

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.

occupational health and safety

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

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.

occupational health and safety

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

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.

occupational health and safety

Ryan Conlin Speaking on OHS in the Daily Commercial News

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. 

occupational health and safety

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

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.

employment law,  occupational health and safety

Ryan Conlin Speaks to the National Post re Metron

Published on January 13, 2016

Ryan Conlin comments to the National Post regarding the recent Metron sentencing decision.

occupational health and safety

Judge Imposes Jail Time on Metron Construction Site Supervisor

Published on January 13, 2016

Those involved with occupational health and safety law have followed with interest the ongoing saga of Metron Construction. This sad story began with the collapse of a hanging swing stage at a western Toronto apartment building, resulting in the deaths of four workers and serious injuries to another. Various prosecutions under the Occupational Health and Safety Act and the Criminal Code have resulted in the imposition of over $1.5 million in fines and surcharges on the various corporations and individuals involved in the accident.

occupational health and safety