The recent decision of Fleming v. Massey raises the very interesting question of whether an injured employee can waive his or her rights under Part X of the Workplace Safety and Insurance Act (WSIA).
On January 11, 2016 an Ontario court imposed the harshest sentence ever for an individual’s role in a workplace accident. A project manager was sentenced to three and a half years in prison for his role in four workplace deaths that occurred on December 24, 2009.
In Evans v Avalon Ford (1996) Limited, 2015 NLTD(G) 100, the employee, Mr. Evans, was Fleet Manager at the Avalon Ford auto dealership, the largest Ford dealership in Atlantic Canada (the “Dealership”), for more than 12 years. On the morning of Thursday, June 10, 2010, a meeting was called by Mr. Wilkins, the Dealership’s owner to discuss an error regarding the delivery of a commercial vehicle without appropriate paperwork being completed.
There is another court decision out of the well-known tragedy in Toronto involving five workers who fell from the thirteenth floor of a high-rise building on December 24, 2009. The men’s duties on the date of the accident included pouring concrete on balconies they were using a swing stage to access.