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Results: 1-10 of 22

City reasonably relied on engineer’s, architect’s stamp: OHSA charge dismissed in wall collapse case

  • Dentons
  • -
  • Canada
  • -
  • April 25 2013

The City of Guelph acted reasonably when it relied on the stamped drawing of an architect and engineer as evidencing compliance with all legal

Court reaffirms importance of specifying the "constructor" and its obligations in construction contracts

  • Torys LLP
  • -
  • Canada
  • -
  • December 3 2012

In Director of Occupational Health and Safety v. Government of Yukon, William R. Cratty and P.S. Sidhu Trucking Ltd., the Supreme Court of Yukon considered, among other issues, whether the Yukon government was the "constructor" under Yukon’s Occupational Health and Safety Act (OHSA

Health and safety on construction sites: The principal contractor can’t be everywhere, Quebec’s Appeal Court rules

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • November 30 2012

The Quebec Court of Appeal has upheld the acquittal of a principal contractor accused of an offence under section 237 of the Act respecting occupational health and safety, holding that it had fulfilled its obligations to oversee the progress and adequate performance of work on the construction site

Construction contract clear: government was owner but not constructor

  • Dentons
  • -
  • Canada
  • -
  • November 20 2012

Where a 143-page contract made clear that a contractor was the “constructor” under health and safety legislation, the Yukon government, as owner of the project, was not the constructor, the Supreme Court of Yukon has decided

An employer is ordered to pay an outstanding assessment to the CSST relating to a trucking company that it had hired

  • Stikeman Elliott LLP
  • -
  • Canada
  • -
  • October 19 2012

On September 6, 2012, the Commission des lésions professionnelles (the CLP) deliberated on the interpretation of article 316 of An Act Respecting Industrial Accidents and Occupational Diseases (the Act) which states that the Commission de la santé et de la sécurité du travail (the CSST) can require from an employer that retains the services of a contractor to pay the assessment due by said contractor

Alberta oil sands and construction employers ramp up drug and alcohol testing

  • Blake Cassels & Graydon LLP
  • -
  • Canada
  • -
  • October 17 2012

On June 20, 2012, major oil sands industry employers and labour providers announced their participation in the Drug and Alcohol Risk Reduction Pilot Project (DARRPP), sparking debate about the permissibility of the two-year pilot project under human rights law

Gross negligence: lesser degree of culpability, why a higher penalty?

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • October 16 2012

On February 14, 2008, excavation was underway at a condominium construction site in Calgary, Alberta. Randolph Williams, a truck driver on site, was an unfortunate victim who died as a result of the collapse of a wall of earth. It was found that the wall collapsed due to inadequate sloping or shoring

The continuing saga of Metron Construction

  • Blaney McMurtry LLP
  • -
  • Canada
  • -
  • September 17 2012

In our February 2012 Employment Update we highlighted the case of R v. Metron Construction Corporation as one to watch for the severity of the penalty imposed under the Bill C-45 amendments to the Criminal Code

Criminal prosecutor appeals $200,000 fine in Metron construction quadruple fatality case

  • Dentons
  • -
  • Canada
  • -
  • August 27 2012

The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers died

Ontario court considers limitation periods in occupational health and safety legislation

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • August 21 2012

Employers and others are generally protected by actions against them which occur outside of limitation periods