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An FMC study of unpublished Ontario Ministry of Labour data has
shown that 68% of corporations charged under the Ontario
Occupational Health and Safety Act pleaded guilty to one
or more charges and 26% of corporations had all charges against
them withdrawn.
By contrast, only 36% of supervisors and workers pleaded guilty,
while 56% of supervisors and workers had all charges against them
withdrawn.
Of the 26% of cases where all charges against a corporation were
withdrawn, approximately two‐thirds of those cases
involved another party – such as a related company
‐ being found guilty of Occupational Health and
Safety Act charges and fined in respect of the same incident.
"Pure" withdrawals against corporations, where no other
party was found guilty in relation to the same accident or
incident, represented only 9% of all cases and 35% of cases where
all charges were withdrawn.
Of the 56% of cases where all charges against an individual,
such as a supervisor or worker, were withdrawn, more than three
quarters of those cases involved another party, such as the
employer of the individual charged, either pleading guilty or being
convicted of Occupational Health and Safety Act charges
after a trial. Less than one quarter of withdrawals against
individuals – representing approximately 13% of all
prosecutions against individuals ‐ were pure withdrawals
of the entire case.
The complete study, which was released in May 2012, may be
accessed here.
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
www.fmc-law.com
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