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Bruce McMeekin Law

Regulatory Offences: The Rarity of a Jail Sentence is No Reason Not to Order It (and other nuggets from the Court of Appeal for Ontario)

A month after the Court of Appeal for Ontario (“CAO”) re-affirmed deterrence as the primary sentencing factor for regulatory offences, the Court has released a decision that details the interplay…
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Is The Ontario Court of Justice Now A Debt Enforcement Court?

Recently, an Ontario Court Justice found that justices overseeing sentencing hearings under the Provincial Offences Act  (the “POA”) have the jurisdiction, in exceptional cases, to pierce the veil of asset-less…
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Not All OHSA Offences Are Strict Liability (Part 2)

In a previous case comment, I wrote that in R. v. Precision Diversified Oilfield Services Corp Drilling (“Precision”) the Alberta Court of Appeal would shortly have the opportunity to consider whether, properly…
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Employee Negligence Does Not Relieve Employers From Liability For Workplace Criminal Negligence

The tragic Christmas Eve 2009 deaths of four workers who fell twelve floors when the swing stage on which they were working collapsed stands as one of Canada’s worst workplace…
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Workplace Fatality Results in Manslaughter Charge Against Contractor

In a Canadian criminal law first, a Quebec construction contractor is under indictment and will be tried in November on a charge of unlawful act manslaughter arising from the tragic…
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Are OHSA Offences Necessarily Strict Liability?

This is the question that the Alberta Court of Appeal has the opportunity to consider after granting the Crown leave to appeal the Queen’s Bench decision in R. v. Precision Diversified…
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“Critical Injury” Clarified

Section 51 of Ontario’s OHSA requires employers to immediately report critical injuries. Failures to report are treated seriously by the courts, levying substantial fines on offenders. Regulation 851 defines “critical…
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An Update on Corporations and Unreasonable Trial Delay

Six months after the Supreme Court released its decision in R. v. Jordan rewriting the law governing pretrial delay, there are at least three decisions of the Ontario Court of Justice confirming…
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