Searching Content indexed under Trials & Appeals & Compensation by Adrian Miedema ordered by Published Date Descending.
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WSIB Fraud Requires A Wilful Act, Like Tax Evasion, Appeal Court Decides
The WSIB must prove that a worker intended to obtain WSIB benefits to which he or she was not entitled, when it charges a worker with "wilfully failing to inform the Board of a material change", the Ontario Court of Appeal has decided.
21 Nov 2018
Ninety-Day Administrative Driving Suspension For Impaired Driving Was Not Just Cause To Fire Assistant Fire Chief
An Assistant Fire Chief has won his wrongful dismissal suit after he was fired following a 90-day administrative driving prohibition for impaired driving while off-duty.
21 Sep 2018
Banned From Pool And Fitness Facility, Man Who Requested "Young, Hot Female Trainer" Was Not Discriminated Against Because Of Mental Disability
A man who requested that a municipal pool and fitness facility provide him with a "young, hot female trainer like" (name redacted), was not discriminated against because of a physical or mental disability when the facility banned him.
27 Feb 2018
3 1/2 Year Jail Term Upheld On Appeal In Criminal Negligence Case Against Metron Project Manager
The Court of Appeal for Ontario has upheld the criminal negligence ("Bill C-45") conviction and 3 1/2 year jail term imposed on Vadim Kazenelson, the Project Manager for Metron Construction.
5 Feb 2018
City Bylaw Prohibiting Hookah Smoking In Licensed Businesses For Health And Safety Reasons Is Valid: Court
The City of Toronto Council had the legal authority to make a by-law that prohibited hookah smoking in licensed establishments, an Ontario judge has decided, given the city's valid health and safety concerns.
16 Nov 2016
Unauthorized Supervisor Decided To "Solve The Problem Himself", Caused Accident – OHSA Charges Against Company Dismissed
An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions and took it upon himself to use a torch to thaw ice that had accumulated in a culvert.
26 Jul 2016
Fired Employee's Facebook Post Calling Company "S—Hole" Showed Dismissal For Workplace Outbursts, Threat Was Indeed Appropriate
An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and "pumped it", was fired for cause...
19 Jul 2016
Federal Employers Not Required To Inspect Workplaces That They Don't Control: Court
The Federal Court has decided that federally-regulated employers are not required to conduct inspections of places not under their control where their employees work.
12 Jul 2016
Court Throws Out MOL Evidence Due To Late Disclosure, Notice In OHSA Prosecution
An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour's late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court.
12 Jul 2016
Australian Employee Wins Workers Compensation Benefits After Coworker Takes Covert Photographs Of Her
An Australian employee has won her bid for workers' compensation benefits for psychological injury after she learned that a coworker had taken covert photographs of her.
8 Jun 2016
$250,000 Fine Against School Board May Be Largest-Ever Against Not-For-Profit Organization In Ontario
A school board has been handed a $250,000 fine under the Ontario Occupational Health and Safety Act after the death of maintenance worker.
17 May 2016
Electrical Contractor Fined $537,500 After Death Of Resident From Faulty Electrical Work
An electrical contractor has been hit with a huge fine after its faulty electrical work led to a resident's death.
28 Apr 2016
Contractor Loses Lawsuit Against City For Alleged Breaches Of OHSA's Asbestos-Disclosure Rules
A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario Occupational Health and Safety Act that permits contractors to sue a building owner...
15 Apr 2016
Court Upholds Arbitrator's Imposition Of 24-Hour Shift For Firefighters, Despite City's Safety Concerns
In a previous post, we reported that an arbitrator had accepted a union's request to impose 24-hour shifts for the City of St. Catharines' firefighters, in spite of the city's safety concerns.
4 Mar 2016
Waiver Was Unenforceable Under WSIA, Employee Entitled To Sue Employer After Workplace Injury
An Ontario employee has won the right to sue his employer for damages for an injury suffered at work. An appeal court decided that a waiver he signed was unenforceable.
19 Feb 2016
Criminal Negligence Causing Death Charge Against Auto Mechanic Reinstated By Appeal Court
A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a "significant contributing cause" of a woman's death.
11 Feb 2016
$5.3 Million Fine In Sunrise Propane Case After Joint Prosecution Under OHSA And EPA
Some cases illustrate very well the principle that "the more dangerous your operation, the more careful you must be".
4 Feb 2016
Contractor Jailed For 30 Days, Fined $45,000 After Serious Asbestos Violations
Every now and then a case comes along to remind us that violators of occupational health and safety legislation can be sent to jail.
20 Jan 2016
Summary Of Judge's Reasons For Giving Kazenelson, "Unquestionably A Person Of Good Character", A 3 1/2 Year Jail Sentence For Criminal Negligence
The judge's reasons for sending Metron Construction's project manager, Vadim Kazenelson, to jail for criminal negligence are now available here.
18 Jan 2016
Does Your Safety Policy Require An Accident Investigation? Court Suggests Investigation File May Not Be Litigation Privileged
An Alberta judge has suggested that if a workplace safety policy or program requires that certain accidents be investigated, then the accident investigation reports may not be subject to litigation privilege.
8 Jan 2016
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