An Ontario judge has decided that criminal charges against a
Project Manager should go to trial.
The charges against Vadim Kazenelson, Project Manager for Metron
Construction, arise from the tragic Christmas Eve 2009 incident in
which four workers on a suspended scaffold fell 14 stories to their
In July 2012, Metron Construction pleaded guilty to charges,
arising out of the same incident, of criminal negligence
causing death and was fined $200,000.00 plus a $30,000.00 Victim
Fine Surcharge. Metron's owner, Joel Swartz, pleaded
guilty to four charges under the Ontario Occupational Health and
Safety Act and was personally fined $90,000.00 plus a Victim Fine
Surcharge of $22,500.00. Our July 17, 2012 post on the fines
against Metron and Swartz can be found
Labour groups have increasingly been calling for criminal
enforcement, under the so-called Bill C-45, against companies
and supervisors who commit serious safety breaches. The Ontario
Federation of Labour, for instance, has what it
calls its "Kill a Worker, Go to Jail"
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Ten days following the election, join us for a discussion with Gary Doer, former Canadian Ambassador to the US, and Gordon Giffin, US Ambassador to Canada under Bill Clinton, to discuss how the new President and Congressional makeup will shape US-Canada relations for years to come.
On November 8, 2016, the United States will go to the polls to elect their 45th president. Whether it is Hillary Clinton or Donald Trump, this decision will profoundly shape American policy for the next four to eight years. As our largest trading partner and neighbour to the south, the next US administration will influence a broad range of policy issues that directly impact Canada. These include the future of NAFTA and the TPP, the Arctic and geo-politics, the renewal of the Softwood Lumber Agreement, and the energy sector.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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