Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 04 MARCH 2015

Importance Of Due Diligence Proof Confirmed In Recent OHS Case

Mathews Dinsdale & Clark
Explore more from Mathews Dinsdale & Clark

The Ontario Court of Justice recently acquitted two defendants who, following a fatal accident, had been charged with various offences under the Ontario Occupational Health and Safety Act...

CanadaEmployment and HR
Cheryl Edwards
Cheryl Edwards

The Ontario Court of Justice recently acquitted two defendants who, following a fatal accident, had been charged with various offences under the Ontario Occupational Health and Safety Act ("the OHSA"), confirming, amongst other matters, the crucial importance of documented proof of OHS due diligence in the workplace.

The OHSA charges in question arose after a piece of pipe fell from the 23rd floor of a condominium under construction while one of the subcontractors on site was attempting to move a landing platform (called an outrigger platform) from the 23rd floor with a crane. The piece of pipe struck and fatally injured a supervisor who was standing in the hoisting area below the crane while visiting the site.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Bill C-39: A New Framework For Federal Collective Labour Relations

Bill C-39, the Building Canada Strong Act, proposes significant amendments to the Canada Labour Code that will reshape collective bargaining timelines, ministerial intervention powers, and union certification processes for federally regulated employers. The legislation introduces new conditions for government intervention in labour disputes, accelerates bargaining deadlines for certain collective agreements, and expands obligations for airport service providers.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.