R. v. Marina Harbour Systems

2008 CanLII 64002 (ON SC)Decided Workplace injury and workers' compensation

OHSA Appeal: Constructor vs Employer Status

Summary

This is an appellate decision reviewing a criminal conviction under the Occupational Health and Safety Act (OHSA). The court addressed whether the respondent qualified as a 'constructor' or 'employer' with control over the workplace, specifically regarding unloading responsibilities. The appeal was dismissed as the trial judge's reasons were found sufficient and no error of law was identified in the interpretation of the relevant contract or statutory definitions.

Outcome

Appeal dismissed; trial judge's findings upheld

Key Factors

  • Occupational Health and Safety Act
  • Constructor vs Employer
  • Workplace control
  • Adequacy of reasons
  • Appellate review

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.