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Archive for March 2011

Due diligence for working alone

In a unique prosecution arising in Alberta, Garda Canada Security Corp. has pleaded guilty to a charge of failing to protect a female worker under the working alone provisions of the Alberta OHSA. Amongst other provisions, the Alberta OHSA requires that employers, at workplaces where workers will be performing work alone, take measures to reduce risks or hazards to workers

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Long waits for pain management in Ontario

Today, I asked my staff to tell me how many patients are waiting in queue to see me for their chronic pain condition(s). Turns out, over 1300 Ontarians. I nearly fell over when I heard this.

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Employer in Ontario wins Appeal against Human Rights Tribunal

The Divisional Court found numerous deficiencies in both the “reasons” and “the process” of an HRTO Hearing that found that the employer had been discriminatory in a number of ways. These deficiencies were so significant, that it was “not possible to say that this was a fair hearing, nor that the findings of discrimination were reasonable”. In one instance, the Divisional Court stated that the HRTO’s finding was simply based on a “bald conclusion that is unsupported by any factual findings”.

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First time WSIAT has ever been overturned by the Divisional Court in Ontario

In Amin v WSIAT (…) the Divisional Court finally reversed the first WSIAT ever. Unfortunately, this case illustrates the tremendous challenges faced by employers especially as they relate to “probationary” employees who are not performing well.

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