Employee’s Failure to Disclose Medical Marijuana Use a Factor in...
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
Plaintiff Recovery Limited When Contributorily Negligent
The Nova Scotia Supreme Court recently reaffirmed the law that, in Nova Scotia, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to each defendant individually.
Ontario Court of Appeal Determines That Employer Cannot Rely Upon...
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).
Workplace Accident: Manager Sentenced to 3 ½ Years in Jail
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.
11 Steps to Minimize Employer Liability at the Holiday Party
It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.
Cox & Palmer Regional Construction Group Newsletter Spring 2015
On May 21, 2013 Chris Boyle, an employee of R.D. Longard Services Limited (“Longard”), died on the job after being electrocuted. Longard was charged under the Nova Scotia Occupational Health and Safety Act. The charges included not taking every reasonable precaution for the health and safety of Mr. Boyle. By decision dated April 17, 2015, Judge Anne Derrick found Longard guilty. Sentencing is to take place later.
Big Changes to Nova Scotia Occupational Health and Safety Rules...
The Nova Scotia Occupational Health and Safety regime is undergoing a complete overhaul, with potential huge impacts for employers respecting cost of compliance and risk of liability. The changes are part of the five-year Workplace Safety Strategy, a joint initiative between the Department of Labour and Advanced Education and the Workers’ Compensation Board. The Strategy was developed in direct response to a recognition that the old system—a piecemeal assortment of rules and regulations—was tough to navigate and produced inconsistency in interpretation and enforcement.