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An FMC study of 18 months of unpublished Ministry of Labour data
has found that two‐thirds of corporations that fought
Occupational Health and Safety Act charges through a trial
were found guilty on at least one charge.
Only 6% of corporations fought their charges all the way through
to a trial. Of those, two‐thirds were found guilty of at
least one charge, and one‐third were found
not‐guilty of all charges. Thus, statistically, the odds
of success were reasonable, but not great for corporations that
went all the way to trial.
Individual defendants, such as supervisors and workers, tended
to do better when they went to trial. Only 8% of individual
defendants fought their charges through to a trial, and of those,
half won and half lost.
The complete study, which was released in May 2012, may be
accessed
here.
About Fraser Milner Casgrain LLP (FMC)
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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