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workplace fatalities

By McCarthy Tétrault LLP | 3 Minutes Read September 5, 2018

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.

Article by McCarthy Tétrault LLP / Employment Standards, Health and Safety, Payroll / employment law, workers' compensation system, workers’ compensation, workers’ compensation order, workplace fatalities

By Christina Catenacci, BA, LLB, LLM, PhD | < 1 Minutes Read December 19, 2014

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Employment Standards, Health and Safety, Union Relations / Bill C-45, company director fined, criminal and occupational health and safety charges, Due diligence, employment law, failing to take all reasonable, good engineering practice, Metron Construction, Ministry of Labour, platform, Provincial Offences Act, supervisor, Swing N Scaff Inc., Victim Fine Surcharge, Workplace accident, workplace fatalities

By Christina Catenacci, BA, LLB, LLM, PhD | 4 Minutes Read January 27, 2014

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Employment Standards, Health and Safety, Payroll / courts, criminal code, deterrance, employers, employment law, fall protection, fall-arrest offence, fall-arrest systems, fall-protection equipment, fall-related deaths, harness, jail time, jail time for OHS offences, Joel Swartz, legal compliance, lying to an inspector, Metron, Metron Construction, Ministry of Labour, occupational health and safety, occupational health and safety act, roofing falls, Roofing Medics, serious injuries, sole director, supervisor, workplace fatalities, workplace fatality

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