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workplace fatalities

Supreme Court of Canada upholds workers’ compensation order against site owner

The decision in this case is an important reminder about an owner’s worksite safety obligations. Owners must ensure the health and safety of their own employees, as well as the employees of other contractors on site.

 

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Swing N Scaff Inc. and company director fined a total of $400,000 in deaths of four workers

Last January, I wrote about fatalities at work, and in particular, the Metron Construction and Swartz decisions. Since then, there has been some developments.

 

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Fatalities at work: are they leading to stiffer consequences?

In the 2012 Metron Construction and Swartz decisions concerning the deaths of four workers and serious injury of a fifth worker, the Ontario Court of Justice imposed substantial fines but no jail time for the company’s president under either provincial or federal legislation. More recently, however, in R. v. Roofing Medics Ltd., which involved the fatality of one worker, the court did impose jail time on the owner of the company. Employers should take note. It’s not yet clear if the Roofing Medics case will influence future decisions, but the Ontario Court of Justice has at least shown that it is willing to impose jail time on employers that do not comply with health and safety legislation.

 

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April 28, Day of Mourning across Canada

On April 28 of each year, we honour workers who have lost their lives as a result of workplace injury or disease with the Day of Mourning.

 

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Health and safety related criminal charges laid in scaffold deaths

The Toronto Star recently reported that Vadim Kazenelson, 35, of Gormley, Joel Swartz, 51, of Toronto, Benny Saigh, 52 of Toronto, and Metron Construction Corporation have each been charged with criminal negligence causing bodily harm, and four counts of criminal negligence causing death for workplace fatalities. The charges carry…

 

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