The Ontario Ministry of Labour is facing a negligence suit by
the lone survivor of the Christmas Eve, 2009 scaffold collapse that
resulted in Metron Construction being fined $750,000.00 for safety
In the lawsuit against the MOL, Dilshod Marupov, along with
other plaintiffs, alleges that the MOL failed to enforce statutory
requirements for safety; failed to properly train its employees to
inspect the scaffolding and enforce the statutory safety
requirements; and hired employees who were incompetent and did not
use the requisite care in inspecting the premises and the
scaffolding, as well as other allegations. The allegations
have not been proven in court.
At examinations for discovery in the lawsuit, the MOL refused
to answer certain questions including questions about the
education, training and experience of its inspector assigned to the
job site and about changes in certain MOL policies after the
incident. The plaintiffs brought a motion to the court, and
Master Dash ordered the MOL to answer most of the refused
The court noted that "core policy" decisions of
government are protected from lawsuits, but governments can be
liable where government agents are negligent in carrying out their
duties. The court noted that "it is an open question
whether discretionary decisions by inspectors as to when or whether
to inspect and frequency of inspections are core policy
decisions" of the government or whether they are operational
decisions of employees that may form the basis of a lawsuit
As we noted in a previous
post, another lawsuit was filed against the MOL alleging
"negligent inspection" of the Algo Centre Mall which
collapsed in Elliot Lake.
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
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.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
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.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).