R. v Vadim Kazenelson

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Greater Sudbury (City)

OHSA Appeal: Due Diligence and Standard of Review

An appeal of convictions under the Occupational Health and Safety Act against the City of Sudbury for alleged failures to ensure workplace safety. The court addressed the standard of review for OHSA prosecutions, finding that questions of law are reviewed on a correctness standard while mixed questions of fact and law are reviewed for palpable and overriding error. The appeal was allowed and acquittals entered because the trial judge's findings were unsupported by evidence and based on speculation.

Stobo v. Queen’s University

Workplace Investigation Independence: OHS Act Injunction Refused

This is an interlocutory proceeding concerning an application for interim relief and a mandatory order related to an investigation under the Occupational Health and Safety Act. The court applied the RJR-MacDonald test to determine whether to grant an injunction or mandatory order to compel or restrain an investigation, ultimately refusing relief as the balance of convenience favored the statutory duty to investigate and irreparable harm was speculative.

Douglas v. Babiar

Police Officer Tort Claim vs Discipline Proceedings

This is a procedural ruling on a motion to strike where the plaintiff, a police officer, sought to pursue tort claims linked to internal police discipline proceedings. The court determined it had residual jurisdiction because the dispute had moved beyond the collective agreement into the criminal justice system, and rejected arguments that statutory privilege barred the civil claims.

Toombs et al. v. Worksafe BC et al.

Class Action Costs: Workers' Compensation Dispute

This is a procedural ruling concerning costs and class action representation in a class action against provincial workers' compensation boards. The court addressed motions for funding legal costs, appointing amicus curiae, and compliance with class action rules, ultimately awarding costs to the successful defendants.

R. v. Greater Sudbury (City)

An appeal concerning a provincial offence prosecution under the Occupational Health and Safety Act, focusing on the burden of proof and the standard of reasonableness required for compliance.