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ARTICLE · 24 JUNE 2019

The Facts Control The Law

A recent Ontario Court of Justice appeal1 overturned convictions of a company and its supervisor in connection with an accident that occurred at a wood processing facility. Unfortunately, a worker

CanadaEmployment and HR

A recent Ontario Court of Justice appeal1 overturned convictions of a company and its supervisor in connection with an accident that occurred at a wood processing facility. Unfortunately, a worker was seriously injured.

The Facts

In the course of the operation of a large industrial rip saw, an approximately 18” long wood splinter with the diameter of a broomstick was ejected from the saw at high velocity. The wood travelled 10 feet and struck an employee who was working at the end of another identical saw. The wood piece, described by the court as a “spear,” pierced the employee’s arm near his elbow and embedded deep into his flesh. He has lasting nerve damage and was never able to return to work.

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