Workplace Health and Safety — Ontario Employment Law

Ontario (Ministry of Labour, Training and Skills Development) v. New Leaf

OHSA Sentencing: Worker Fatality & Corporate Liability

This is a sentencing decision regarding charges under the Occupational Health and Safety Act (OHSA) following a worker fatality. The court addressed the liability of both a non-profit corporation and an individual supervisor for failing to take reasonable precautions, applying sentencing principles of deterrence and proportionality while considering aggravating and mitigating factors. The court also ruled that it lacked jurisdiction to order restitution or direct fines to the deceased worker's family.

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

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.

R. v. 1222149 Ontario Ltd. (Dairy Queen and/or Embrun DQ Grill & Chill)

Corporate OHSA Sentencing Appeal: $40,000 Fine

This is an appeal from a sentencing decision against a corporation for Occupational Health and Safety Act violations. The Court of Appeal allowed the appeal, finding that the sentencing judge erred by relying on individual sentencing precedents without proper analysis of corporate sentencing principles and by restricting the assessment to the local operation. The court set a new fine of $40,000 plus a victim fine surcharge.

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Cementation Canada Inc.

OHSA Prosecution: Charter Motion Dismissed

This is a pre-trial Charter motion in a prosecution brought by the Ministry of Labour against Cementation Canada Inc. for alleged breaches of the Occupational Health and Safety Act and mining regulations. The court dismissed the motion for a stay of proceedings, finding that the charges were sufficiently particularized and that there was no breach of the defendant's Charter rights regarding disclosure or solicitor-client privilege.

Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Limen Group Const. (2019) Ltd.

OHSA Sentencing: Corporate Fine for Workplace Fatality

This is a sentencing decision regarding convictions under the Occupational Health and Safety Act for a workplace fatality where a worker was crushed by an improperly rigged concrete block. The court imposed corporate and individual fines on the employer and supervisors, applying the Cotton Felt factors and emphasizing general deterrence as paramount.

H. v. Manulife Financial Corporation

A procedural ruling in a lawsuit involving workplace health and safety and the Occupational Health and Safety Act. The court addressed motions for leave to bring further affidavits, amend pleadings to increase damages, and compel compliance with undertakings regarding expert evidence and Joint Health and Safety Committee documents.

Ontario Nurses Association v. Eatonville/Henley Place

Nurses Injunction: PPE & Safety in Long-Term Care

This is an interlocutory proceeding where the Ontario Nurses Association sought an injunction to enforce compliance with public health directives regarding personal protective equipment (PPE) in long-term care homes. The court addressed whether the precautionary principle applied to ensure worker safety and whether it could intervene in labour disputes to expedite resolution of urgent health and safety concerns under the Health Protection and Promotion Act and Labour Relations Act.

R. v V.K.

This is a criminal prosecution of a supervisor for workplace health and safety violations resulting in worker deaths and injuries. The court addressed whether the accused breached legal duties under s. 217.1 of the Criminal Code and the Occupational Health and Safety Act by failing to ensure proper fall arrest systems, and whether criminal negligence under s. 219 was established. The court found that the accused's omissions constituted a marked and substantial departure from reasonable conduct and were a significant contributing cause to the harm, with intervening acts insufficient to sever causation.

Ontario (Labour) v. Flex-N-Gate Canada Company

OHSA Sentencing: Concurrent Fines & Mitigation

This is an appeal from a sentencing decision in a workplace health and safety prosecution under the Occupational Health and Safety Act. The Court of Appeal addressed whether an employer's compliance with inspector orders could mitigate sentencing and whether concurrent fines could be imposed for two separate offences, ultimately ruling that compliance is not a mitigating factor and the court lacks jurisdiction to impose concurrent fines.

R. v. 733515 Ontario Inc. (Triad Exterior Contracting Specialists)

Workplace Safety: Due Diligence Appeal Dismissed

This is an appeal by a private corporation against a conviction for workplace health and safety infractions. The Court of Appeal for Ontario addressed whether the appellant discharged its due diligence obligation and whether the sentencing decision contained legal error, ultimately finding no error in the lower court's assessment of evidence or imposition of sentence.

D. v. Ontario Power Generation Inc.

Constructive Dismissal: 24-Month Notice Awarded in Ontario Case

A constructive dismissal case where the plaintiff alleged that changes to compensation, job responsibilities, and reporting structure constituted constructive dismissal. The court applied the Farber test and found the cumulative effect of the changes to be a constructive dismissal. The plaintiff was awarded 24 months’ notice, with damages reduced by income earned during the notice period, resulting in a total award of $698,287.00.

R. v. Dofasco Inc.

R. v. Dofasco: Employer Liability for Machine Guarding

This was an appeal to the Court of Appeal from a judge's decision affirming an employer's acquittal for workplace safety violations. The Ministry of Labour appealed the acquittal of Dofasco Inc. after a worker was injured on a steel mill lacking a physical guard. The lower courts decided that the employer's alternate safety procedures and the worker's deliberate failure to follow them meant a physical guard was unnecessary. The Court of Appeal allowed the appeal and entered a conviction, ruling that safety procedures cannot replace a physical guard and that worker misconduct is no defence. The matter was remitted to the justice of the peace for sentencing.

R. v. Ontario Labour Relations Board

Judicial Review: Unlawful Reprisal Under OHSA

This is a judicial review application concerning an employee's claim of unlawful reprisal under the Occupational Health and Safety Act following suspensions related to work refusals. The Divisional Court upheld the Ontario Labour Relations Board's findings that there was no anti-safety animus, determining the Board's decision was not patently unreasonable. The application for judicial review was dismissed, and costs were awarded to the respondent employer.

O. v. Greenspoon Brothers Ltd.

Workplace Injury: Exclusive Jurisdiction of Compensation Board

This is a procedural ruling regarding a stay of proceedings in a workplace injury context. The court addressed whether the Workmen's Compensation Board has exclusive jurisdiction to determine an employee's right to sue their employer for an accident during the course of employment under the Workmen's Compensation Act. The court held that actions should be stayed rather than dismissed to allow the Board to determine the employee's rights.

Re Algoma Steel Corp. Ltd. and United Steelworkers of America, Local Union 2251

Employment Termination: Arbitration Board Reinstatement Under Collective Agreement

A termination of employment case under a collective agreement, where an employee was dismissed for absence of ten consecutive working days without a reasonable excuse. The Board of arbitration found no reasonable excuse but ordered conditional reinstatement, raising questions about whether the board exceeded its jurisdiction and whether the collective agreement prohibited such a remedy.

Regina v. Fiber & Wire Industries Ltd.

Workplace Safety: Employer Strict Liability Under Industrial Safety Act

An appeal concerning an employer's liability under the Industrial Safety Act, 1971, for failing to ensure an employee used required eye protection while operating a grinding wheel. The court ruled that the employer's strict duty under the Act is not affected by the employee's refusal to comply with safety measures, and the appeal was allowed with the matter remitted for further disposition under strict liability principles.

Toronto Harbour Commissioners v. S. et al.

Secondary Picketing Injunction: Labour Relations Case in Ontario

An interlocutory injunction was granted to restrain secondary picketing at marine terminals, which was deemed unlawful regardless of the peaceful nature of the picketing or the legality of the underlying strike. The case also involves statutory interpretation regarding the authority of the Toronto Harbour Commissioners to seek such an injunction.

Regina v. B. et al., Ex parte S.

Collective Agreement Lunch Periods: Court Unable to Overturn Arbitration Decision

A merits decision involving the interpretation of a lunch period clause in a collective agreement. The arbitration board allowed interrupted lunch periods for day workers as long as the total time amounted to 30 minutes. The court found the interpretation unreasonable but was powerless to quash the award due to limited review powers.

General Printers Ltd. v. T. et al.

Contempt of Court: Labour Injunction Breach and 15-Day Sentence

A merits decision involving a contempt of court case where non-parties were found to have breached a labour injunction through acts of violence and threats during picketing. The court emphasized the importance of enforcing injunctions to protect public interest and industrial peace, and imposed a 15-day sentence for contempt.

C. v. W.

Workplace Accident: Employee Injured by Falling Tree During Tree-Felling Operation

A workplace accident case where an employee was injured by a falling tree during a tree-felling operation. The court examined the employer's duty to provide a safe system of work, the applicability of the volenti non fit injuria doctrine, and the employee's contributory negligence. The employee suffered severe injuries, including paralysis of the left arm and hand, and was awarded $15,000 in general damages, reduced by 50% due to contributory negligence.