Stephen Bird

The Crown appealed a $7,500 fine imposed on a corporate defendant for an Occupational Health and Safety Act violation, arguing the lower courts erred in assessing the corporation's size and applying the parity principle between individual and corporate offenders.

The Court of Appeal allowed the appeal, finding that the lower courts incorrectly restricted consideration of the corporation's economic activity to the local operation and improperly relied on sentencing precedents for individuals.

The fine was increased to $40,000.

The plaintiff's employment was terminated without cause at age 63.

The employer treated the termination as a retirement and paid the plaintiff his retirement allowance benefits under the company policy.

The plaintiff brought an action claiming entitlement to both the retirement allowance and compensation for termination in lieu of notice.

The court found that the employment contract and retirement policy expressly precluded the payment of both benefits.

The plaintiff's claim was dismissed, and the employer was granted summary judgment to recover an overpayment of funds mistakenly paid in lieu of notice.

The Ministry of Labour charged the Royal Ottawa Health Care Group with three offences under the Occupational Health and Safety Act arising from a workplace violence incident on July 5, 2012, in the Recovery Program.

A patient became violent and assaulted two registered practical nurses and a personal care attendant.

The charges alleged failures to: (1) develop and maintain measures and procedures for summoning immediate assistance when workplace violence occurs; (2) provide sufficient information, instruction and supervision to workers to protect their health and safety; and (3) take every precaution reasonable in the circumstances for worker protection.

The court found that the employer had developed and maintained appropriate policies and procedures, that workers had received adequate training, and that the response to the incident was immediate.

All three charges were dismissed.

The plaintiff, a medical secretary, sued her former employer, a physician, for wrongful dismissal after 12.5 years of service.

The defendant claimed he terminated her for cause due to performance issues and her refusal to accept a significant salary reduction.

The court found insufficient evidence to support termination for cause, noting the defendant's complaints were largely related to an alleged overpayment error by his accountant.

The court awarded the plaintiff a nine-month notice period, amounting to $32,676.79, finding she had adequately mitigated her damages by retraining as a real estate agent.