Clean slate: Purchaser not bound by poor WCB record of company it acquired

June 04, 2017 0 COMMENTS

by Hannah Roskey

When contemplating acquiring the assets of a company in Canada, the purchaser will engage in extensive due diligence to ensure it is making a sound investment. These searches almost always include inquiries with the Workers’ Compensation Board (WCB) in the relevant province.

A poor result, with outstanding claims and high premiums, might send the transaction sideways. However, a recent decision of the Appeals Commission for Alberta Workers’ Compensation suggests that a purchaser may avoid the consequences of a mediocre WCB record altogether and wipe the slate clean.

read more…

Occupational health and safety due diligence defense alive and well

June 21, 2015 0 COMMENTS

by Rosalind H. Cooper

A recent case involving charges against a company under the Ontario Occupational Health and Safety Act has confirmed that the defense of due diligence is alive and well. The defense of due diligence—which may allow employers to avoid a conviction under occupational health and safety legislation—can be difficult to establish. Even in cases where a worker is injured as a result of his or her own misconduct, the defense cannot always be made out. But in the right factual circumstances, it is still possible to successfully advance the due diligence defense notwithstanding the high standard applied. read more…