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Workplace accident

By Stringer LLP | 3 Minutes Read April 24, 2013

Learn the latest! — Dealing effectively with OHS inspectors

The saga of Ontario (Ministry of Labour) v. JR Contracting Property Services, Lootawan and Haniff case has finally come to its conclusion (at least on the merits). Employers would be well-advised to learn from the case how not to engage with Ministry of Labour inspectors in the aftermath of a workplace accident.

Article by Stringer LLP / Employee Relations, Health and Safety / 2013 Ontario Employment Law Conference, accident investigation, aftermath of a workplace accident, Charter, Charter of Rights and Freedoms, Dealing effectively with OHS inspectors, employment law, employment lawyer, high fines and fine surcharges, investigations for the purpose of pursuing charges in court, Lootawan and Haniff, Ministry of Labour inspectors, molesting or interfering with the Inspector, obstructing, occupational health and safety act, OHS inspectors, ontario, Ontario (Ministry of Labour) v. JR Contracting Property Services, reasonable and probable grounds, right to remain silent, routine inspections, Ryan Conlin, Stringer LLP, warrantless search and seizure, Workplace accident

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read June 22, 2012

Update: pleas regarding scaffolding incident

On Christmas Eve, 2009, four workers fell to their death at a Toronto construction site from a scaffold that did not use proper fall arrest systems. A fifth worker was seriously injured. The result: charges under both the Occupational Health and Safety Act and the Criminal Code of Canada were filed against the individuals and companies involved in the construction project.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Health and Safety / Bill C-45, Christmas Eve scaffolding deaths, construction project, Construction Regulations, criminal code, criminal negligence, criminal negligence causing death, employment law, failing to ensure a worker was adequately trained, failing to take reasonable care, guilty pleas, Metron Construction, occupational health and safety act, scaffold, Workplace accident

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read June 1, 2012

Worker injured in parking lot on way to work not eligible for workers’ compensation benefits

Ontario’s Workplace Safety and Insurance Appeals Tribunal has decided that a worker was not acting in the course of employment when she slipped and fell in the parking lot of the mall where she worked. As a result, she could not access workers’ compensation benefits; however, she retained her right of action in a civil suit against the owner of the parking lot.

The worker was on her way to work in a store located in a large shopping mall when she suffered injuries following a slip and fall. She was walking from her parking spot at the perimeter of the parking lot to the mall.

She brought a civil action against the mall owner, and the mall owner applied to the Workplace Safety and Insurance Board (WSIB) to determine whether the worker’s right of action in a civil case even existed. The owner wanted this to be a workers’ … Continue reading “Worker injured in parking lot on way to work not eligible for workers’ compensation benefits”

Article by Christina Catenacci, BA, LLB, LLM, PhD / Health and Safety, Payroll / Accident in the Course of Employment, civil suit, employment law, in the course of employment, injury in parking lot, ontario, the employer exercised any degree of control over the area, workers’ compensation, Workplace accident, Workplace Safety and Insurance Board, Workplace Saftety and Insurance Appeals Tribunal, wsib, WSIB policies

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