In R v Greater Sudbury (City) 2023 SCC 28, the Supreme Court of Canada (“SCC”) decided the “belt and braces” theory for workplace safety warrants treating project owners as employers under the Occupational Health and Safety Act, RSO 1990, c O1 (“OHSA” or “Act”) when they hire a constructor, resulting in the duties for owners […]
Can government officials rely on their own officially induced errors? The answer is no and for good reason. This topic was recently addressed by the Supreme Court in the case R v Bédard, 2017 SCC 4. Delivering their short judgment from the bench, the Court unanimously agreed that it would seriously undermine the defence of […]
etucker 9.2720 Normal 0 Deaths due to occupational causes outnumber homicides in Canada by about two to one. Many of these deaths stem from negligence, and critics charge that enforcement measures are lax. In a major departure, a record fine for corporate criminal negligence was imposed in R v Metron Construction Corporation, 2013 ONCA 541, after four Toronto […]