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ARTICLE · 19 SEPTEMBER 2019

"Dated" MOL Information Related To Same Workplace Not "Obviously Relevant" To Guarding Charge, Court Finds

In a recent Ontario decision regarding the Crown's obligation to disclose documents in an Occupational Health and Safety Act prosecution, the Court held that the prosecution did not have an obligation to disclose to the...

CanadaEmployment and HR

In a recent Ontario decision regarding the Crown's obligation to disclose documents in an Occupational Health and Safety Act prosecution, the Court held that the prosecution did not have an obligation to disclose to the defendant any Ministry of Labour documents relating to a "guarding project" it undertook at the defendant's facility approximately seven to nine years before an alleged failure to guard a machine.

By way of background, the defendant company was charged with failing to guard a machine as required by the Industrial Establishments regulation under the OHSA.  The alleged offence date was in 2016.  Between 2007 and 2009, MOL officials had engaged in a "guarding project" at the defendant's facility.

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