by Norm Keith
Two critical questions related to prosecutions under Ontario’s Occupational Health and Safety Act (OHSA) were addressed in a recent decision of the Court of Appeal for Ontario:
- In sentencing an employer for the OHSA breach, should the trial court treat the employer’s post-accident compliance with Ministry of Labour Orders as a mitigating factor?
- If the employer is convicted of more than one offense resulting from one incident, must the trial court impose fines cumulatively? Or can they be “concurrent”?
Ontario’s top court’s answers may have implications for prosecutions under similar legislation in several provinces. read more…