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Key points of Blue Mountain T • he ontario Court of appeal's judgment on s. 51(1) of the occupational health and safety act states the notification and reporting requirements of the act are engaged when: A worker or non-worker is killed or critically injured; • The death or critical injury occurs at a place where (i) a worker is carrying out his or her employment duties at the time the incident occurs, or (ii) a place where a worker might reasonably be expected to be carrying out such duties in the ordinary course of his or her work; and • There is some reasonable nexus between the hazard giving rise to the death or critical injury and a realistic risk to worker safety at that workplace. — Cs court would probably find the employer needed to report the incident because of the person's violent history. Employers with national operations or those based outside Ontario will need to keep in mind accident reporting duties vary by province; Blue Mountain only applies to provincially regulated employers within Ontario. A spokesman for the Ontario Ministry of Labour says officials are working on written instructions for inspectors and employers, dealing with the application of the ruling. For all those covered by the decision, thoughtful consideration must be Ball Professional Corporation CANADIAN EMPLOYMENT LAW STACEY REGINALD BALL Excellence in Employment & Labour Law MORE THAN 6,145 CASES CITED Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada and is used in law schools throughout Canada. • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights ORDER# 804218-62303 $365 804218-62303 2 volume looseleaf Post Employment Competition supplements per year Supplements invoiced separately 0-88804-218-3 Civil Litigation CD-ROM or Internet version available separately Prices start at $4 Disability Appellate Advocacy Referrals on behalf of employees and employers respected AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.ca .c Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® given from now on as to what extent the causes of any accident are connected with the activities of workers. As Blair concludes: "Sometimes a swimming pool is just a swimming pool." However, residual ambiguities mean some lawyers are likely to continue to advise clients to err on the side of caution. 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com www.CANADIAN arswell-26372_CL_Feb_13.indd 1 13-01-15 10:02 AM all_CL_Mar_12.indd 1 L a w ye r m a g . c o m M ay 2013 41 12-03-13 2:27 PM

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