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1
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
Canada
16 Jul 2019
2
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.
Canada
5 Jul 2019
3
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.
Canada
7 May 2019
4
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.
Canada
16 Nov 2018
5
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.
Canada
9 Sep 2018
6
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.
Canada
26 Jul 2016
7
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.
Canada
12 Jul 2016
8
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.
Australia
8 Jun 2016
9
$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.
Canada
17 May 2016
10
"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.
Canada
29 Apr 2016
11
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.
Canada
11 Apr 2016
12
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.
Canada
19 Feb 2016
13
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.
Canada
11 Feb 2016
14
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.
Canada
9 Feb 2016
15
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.
Canada
18 Jan 2016
16
Criminal Negligence Conviction For Landlord Who Disregarded Fire Code Violations, Deceived Fire Inspector
An appeal court has upheld the conviction of a landlord for criminal negligence causing death after numerous Fire Code violations led to a tenant's death.
Canada
31 Dec 2015
17
Worker's Fainting At Sight Of His Own Blood Was "Work-Related": U.S. OSHA
Because the employee fainted, OSHA determined that the fainting spell was work-related.
United States
1 Dec 2015
18
Employee Required To Produce His Medical File To Employer In Accommodation Grievance
The employee suffered a non-occupational injury and was off work for approximately seven months.
Canada
17 Nov 2015
19
B.C. Introduces More Legislation To Improve Workplace Safety After Mill Fires
British Columbia recently introduced legislation to promote workplace safety in sawmills.
Canada
11 Nov 2015
20
Post-Accident Remedial Measures Were A "Small Bit Of Common-Sense Engineering", Relevant Evidence In Finding Company Guilty Of OHSA Offences
An employer's post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held.
Canada
29 Oct 2015
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