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1
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
2
Appeal Court Refuses To Reinstate Jail Sentence … This Time
In the thousands of OHSA prosecutions that have occurred in Ontario history, defendants have been jailed fewer than two dozen times.
Canada
8 Apr 2019
3
Alberta Bans Mandatory High Heels In The Workplace
Effective January 1, 2019, employers in Alberta can no longer require workers to wear footwear that may pose a health or safety risk to workers.
Canada
10 Jan 2019
4
More Legislative Changes Coming With Bill 66
Employers would still be required to enter into written agreements with employees to have employees work excess hours and to average overtime hours worked.
Canada
18 Dec 2018
5
The More Things Change… Ford Government Rolls Back Bill 148
On November 21, 2018, Bill 47—the Making Ontario Open for Business Act, 2018—received royal assent. Bill 47 makes numerous amendments to the Ontario Employment Standards Act, 2000 (ESA),
Canada
27 Nov 2018
6
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.
Canada
21 Nov 2018
7
WSIB's New Rate Framework For Employers
Following policy consultations that took place from August 14, 2017 to January 15, 2018, the Workplace Safety and Insurance Board (WSIB or the Board) announced its new rate framework for employers.
Canada
30 Oct 2018
8
Going, Going, (Mostly) Gone: Ontario Conservative Government Announces Targeted Rollback Of Bill 148 Amendments To The Ontario Employment Standards Act And The Ontario Labour Relations Act
Earlier today, Premier Doug Ford followed through on his promise to revisit the previous Liberal government's labour reforms by introducing legislation...
Canada
25 Oct 2018
9
Prison-Time For A Contractor For Manslaughter: A First In Quebec Legal History
Last year, we discussed on this blog, the case of an excavation contractor who was facing criminal negligence causing death and manslaughter charges ...
Canada
3 Oct 2018
10
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.
Canada
21 Sep 2018
11
Owner Of Electrical Contractor, Who Transferred Assets Due To Looming Charges, Held Personally Liable For Company's $430,000 Regulatory Fine
In what appears to be a novel decision in the regulatory context, a judge has held an owner of an electrical contracting firm personally liable for the company's regulatory fines after he transferred assets out of the company following a fatal incident.
Canada
10 Sep 2018
12
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
13
"Communications And Conduct" Of Employer's Lawyer Regarding Sexual Harassment Investigation Were Not Privileged, Could Be Referred To In Claim, Court Decides
Over the objections of a company's employment lawyer, an Ontario court has permitted an employee to refer
Canada
9 Sep 2018
14
Safety Manager Wins Wrongful Dismissal Suit: He Had Not Failed To Complete Assigned Tasks, Court Decides
An Alberta safety manager has won $28,000 in damages after he was fired by his employer.
Canada
13 Aug 2018
15
Court Declines To Quash "Bid Ban" Imposed By City On Paving Company For Safety And Other Reasons
A recent Ontario court decision illustrates the serious business implications that Occupational Health and Safety Act compliance issues or disputes can have on a company.
Canada
26 Jul 2018
16
Five Key Considerations For Cannabis In The Workplace
With the passing of the Medical Marijuana Access Regulations and subsequent Senate approval of the Cannabis Act,
Canada
20 Jul 2018
17
Canada
17 Jul 2018
18
OHSA Charges In Fatality Case Dismissed For Delay. Crown Did Not Have "Concrete Plan" To Move Case Along
An Ontario appeal judge has upheld the dismissal of Occupational Health and Safety Act charges against employees due to delay.
Canada
11 Jul 2018
19
"Distracted" By Cell Phones, Forklift Operators Were Guilty Of OHSA Offence
Two forklift operators at a bottling plant have been found guilty after they were served with tickets under the Occupational Health and Safety Act charge for using cell phones while sitting on their forklifts.
Canada
11 Jul 2018
20
Vehicle Owner Not Liable For Accident Caused By Repair Shop Employee During A Test Drive
The Alberta Court of Appeal recently reviewed the provisions of the Workers' Compensation Act (the "Act") that enable the Workers Compensation Board ...
Canada
18 Jun 2018
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