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Court of Appeal

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read March 1, 2019

If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination, as was the case with Ruston v. Keddco Mfg.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Payroll / Court of Appeal, employment law, notice period, Ruston v. Keddco Mfg, wrongful dismissal, wrongful dismissal damages, wrongful termination

By Stringer LLP | 3 Minutes Read January 27, 2014

Court of Appeal says that compliance with an inspector’s order should not mean a smaller fine

The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.

Article by Stringer LLP / Employee Relations, Employment Standards, Health and Safety / compliance with an inspector’s order, complying with the OHSA, corrective action, Court of Appeal, employer for violating the OHSA, employment law, Inspector’s Order, lower fine, Ministry of Labour, OHSA, Ontario (Labour) v. Flex-N-Gate Canada Company, Ontario Labour Relations Board, Order from a Ministry of Labour Inspector to make safety improvements after an accident, post–accident steps, Stringer LLP, worker safety, worker was injured

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read September 6, 2013

Fine increased in Metron OHS criminal negligence causing death case

As you may recall, charges under both the Occupational Health and Safety Act and the Criminal Code of Canada were laid against the company Metron for the death of four workers at a Toronto construction site when they fell from a scaffold that did not use proper fall arrest systems. A fifth worker was seriously injured. Metron was convicted under the Criminal Code provisions that make it a criminal offence to direct a worker to perform a task without taking reasonable steps to prevent bodily harm to a worker. The trial judge fined the company $200,000 plus the Victim Fine Surcharge of 15 percent or $30,000. The Crown appealed and argued that the fine was manifestly unfit...

Article by Christina Catenacci, BA, LLB, LLM, PhD / Health and Safety, Payroll / absence of a maximum fine, Bill C-45, canadian employment law, conviction, Court of Appeal, criminal code, criminal negligence causing death, direct a worker to perform a task without taking reasonable steps to prevent bodily harm to that worker, employment law, fatalities, fine, maximum sentence, Metron, occupational health and safety act, offence, OHS criminal negligence causing death, OHSA, scaffold, sentencing, serious offence, Victim Fine Surcharge

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