Burgess v. University Health Network

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.

Ontario (Labour, Immigration, Training and Skills Development) v. Benevides

This is an appeal for leave to appeal a directed verdict of acquittal granted at trial in a prosecution under the Occupational Health and Safety Act. The Crown seeks to challenge the trial justice's application of the directed verdict test and the interpretation of worker obligations, specifically regarding the scope of responsibilities under s. 28(1)(a) and the relevance of private contracts and due diligence.

Dartiguenave (Re)

An appeal to the Court of Appeal for Ontario regarding a criminal or statutory infraction related to health and safety. The appeal was dismissed orally, with an amicus curiae involved.