ARCHIVED VIDEO STREAM
This is the archived version of a program presented on February 21, 2013. To order this format please click on the "PURCHASE" button.
Prosecutions under the Workplace Safety and Insurance Act can result in significant consequences for workers, employers and others. This video will cover the key issues which arise in WSIB prosecutions with counsel experienced in representing employers, workers and the WSIB.
The session will cover:
- An overview of significant prosecution cases
- A discussion of sentencing factors and a review of the penalties that courts have imposed
- The application of the Due Diligence defence in WSIB cases
- Prosecution beyond workers and employers
- Strategies for plea bargaining with the WSIB prosecutor
- Joint retainer agreements for multiple defendants
- Are Courts bound by WSIB policy in prosecution cases?
- Impact of convictions in WSIAT decisions
- Strategies for litigating in the Provincial Offences Court
- Can the WSIB use statutory inspection powers to compel statements and evidence?
Chair:
Sarah Atkinson, Counsel, Workplace Safety and Insurance Appeals Tribunal
Speakers:
Mike Johnston, Executive Director, Regulatory Services Division, WSIB
Alan McConnell, Counsel, Fink & Bornstein
Ryan Conlin, Partner, Stringer LLP