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Lexology PRO | Australia | 2 Jun 2021
Jury hands ACCC loss in first contested criminal cartel case
A jury in Australia has cleared an assistive technology provider and two individuals of criminally attempting to fix prices and rig bids for products used in rehabilitation and aged care.
Mills Oakley | Australia | 16 Jun 2020
Don’t just be negligent, be reckless - Unpacking Australia’s first industrial manslaughter prosecution
Noting that this decision has already been widely misreported, it seems apt to direct readers to the full judgement at the outset of this article. You…
Baker McKenzie | South Korea | 29 Jan 2020
South Korea: Privacy Officers Face Criminal Liability for Data Breaches
In recent years, South Korea has become synonymous with some of the strictest data protection laws and regulatory requirements in the region. The…
Dentons | Canada | 16 Oct 2018
Contractor imprisoned for manslaughter: a first in Quebec legal history
An excavation contractor who was found guilty of manslaughter and criminal negligence causing death has been sentenced to 18 months' imprisonment by the Court of Quebec. The sentence – which is a first in Quebec legal history – sends a clear message to employers concerning the importance of complying with their occupational health and safety obligations.
Langlois Lawyers LLP | Canada | 18 Sep 2018
Construction Contractor Sentenced to 18 Months in Prison for the Death of an Employee!
On March 2, 2018 we discussed a judgment rendered by the Court of Québec which found construction contractor Sylvain Fournier guilty of manslaughter…
Grillo Law Personal Injury Lawyers | Canada | 10 Sep 2018
Establishing who is at fault in a Chain Reaction car accident
When an accident involves multiple vehicles, it can be extremely difficult to establish fault. Each insurance company involved is trying their best…
Dentons | Canada | 31 Jul 2018
Occupational health and safety charges in fatality case dismissed for delay
An Ontario appeal judge has upheld the dismissal of Occupational Health and Safety Act charges against employees due to delay. The charges followed the death of a mining employee from cyanide intoxication by way of skin absorption. The total delay – from the laying of the charges to the last day scheduled for trial – was 21 months, which exceeded the 18-month presumptive delay ceiling set out......
Dentons | Canada | 27 Feb 2018
Jail term upheld on appeal in criminal negligence case against Metron project manager
The Ontario Court of Appeal recently upheld the criminal negligence conviction and jail term imposed on a project manager for Metron Construction. The charges arose from an incident in which four workers fell to their death and a fifth sustained permanent injuries after a swing stage collapsed. This case has sent a message to employers and supervisors that criminal negligence charges – in......
Ius Laboris | Canada | 21 Feb 2018
Occupational Health and Safety in Canada: The Year in Review
This article looks back on a tumultuous 2017 for occupational health and safety (‘OHS’) in Canada, with many legislative changes and important…
Dentons | Canada | 15 Aug 2017
Citing unfairness: court throws out criminal negligence charge against boom truck operator
The Ontario Superior Court of Justice recently considered a criminal negligence charge against a boom truck operator who pleaded guilty to an Occupational Health and Safety Act charge in a case involving a workplace fatality. The police's act of laying criminal charges after the operator had pleaded guilty constituted a breach of the sense of fair play, an act which offends the community. The......
