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The Injured & The Restless: Principles Of Contractual Interpretation Leave Insured With An Uphill Battle For Mattress Coverage
The general principles of contractual interpretation require a decision-maker to read the contract before them as a whole, giving the words used their ordinary and grammatical meaning
16 Jul 2019
Family Law Act Claims Commenced Under S. 61 Are A Separate Cause Of Action In The Context Of Personal Injury Litigation
When it comes to claims brought by family members pursuant to s. 61 of the FLA, the latest word from an Ontario court indicates that the two year limitation period applies to those claims as separate causes of action.
5 Jul 2019
Alberta Court Of Appeal Confirms That Directors May Be Held Personally Liable For Injuries Sustained In A Workplace Incident
The Alberta Court of Appeal recently revisited the question of directors' personal liability for injuries sustained in a workplace incident.
7 May 2019
Personal Injury Compensation Awarded In The Employment Tribunal
In Grange v. Abellio London Ltd EAT/0304/17 the EAT has held that personal injury compensation is available for a failure to provide rest breaks under the Working Time Regulations 1998 (WTR).
10 Apr 2019
Ontario Court Hits The Brakes On Duties Owed To Intoxicated Plaintiffs
The expansion of recognized duties of care owed to intoxicated persons recently met resistance from the Ontario Superior Court of Justice.
16 Nov 2018
Alberta Court Of Appeal Clarifies What The Crown Must Prove In A General Duty Offence
The Alberta Court of Appeal recently provided clarity on what the Crown must prove in a prosecution under the general duty section in the Occupational Health and Safety Act (Alberta) ("OHSA") of failing to ensure the health and safety of a worker.
9 Sep 2018
Employers Can Focus On Their Own Interests In Defending Vicarious Liability Proceedings Unimpeded By Reputational And Economic Concerns Of Employees
In James-Bowen v. Commissioner of Police of the Metropolis, the Supreme Court held that an employer does not owe a duty to its employees to protect them from economic or reputational harm as to the manner in which vicarious liability proceedings are conducted.
9 Sep 2018
When Is An After-Party An After-Party? Christmas Parties And Vicarious Liability Claims
Where mishaps do occur, employers could inadvertently find themselves vicariously liable for the actions of their employees.
5 Jan 2017
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
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
"The Larger The Corporation, The Larger The Fine": A Corporate Defendant's Financial Circumstances Is A Relevant Sentencing Factor For Breaches Of A Regulatory Scheme
A small, family owned and operated custom cabinet business was fined $75,000 plus the Victim Fine Surcharge of $11,250 after pleading guilty to failing to ensure, as far as reasonably practicable, the health and safety of a worker.
29 Apr 2016
Ontario MOL Now Posting "De-Identified" Information On Fatalities Online, Even Before OHSA Charges Laid
The postings provide a brief description of the incident, and then list occupational health and safety "Resources" in relation to the incident.
11 Apr 2016
Insurance Insight - Broad Duty To Defend Applied Despite Late Notice
In Boyle, a tire exploded inside a garage owned by C&N, severely injuring plaintiff.
United States
15 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
A First For Alberta – Employer Sentenced To Corporate Probation And Community Service For Violating The Occupational Health And Safety Act
The decision stems from a 2012 incident where a worker fell over 6.5 metres through an uncovered stairwell opening at a residential construction site.
9 Feb 2016
Pennsylvania: Public Policy Prevents Punitive Damages From Being Recoverable As Compensable Damages In Bad Faith Or Breach Of Contract Action Against Insurer
In an issue of first impression, the Third Circuit Court of Appeals held that punitive damages awarded against an insured in a prior personal injury suit are not recoverable as compensable damages in a later breach of contract or bad faith suit against an insurer, in light of Pennsylvania's public policy that insurers cannot insure against punitive damages.
United States
3 Feb 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
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