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Court of Appeal sets higher standard to protect injured workers from wrongful conviction, counsel says

Wednesday, May 16, 2018 @ 9:23 AM | By Amanda Jerome

The Ontario Court of Appeal has allowed three appeals regarding offences under the Workplace Safety and Insurance Act in a decision, counsel says, that sets a higher standard for courts to follow when convicting under subsection 149(2).

In Workplace Safety and Insurance Board v. Curtis, 2018 ONCA 441, the court addressed three appeals together “with a view to clarifying the conflicting jurisprudence about the mens rea” for individuals convicted of an offence under ss. 149(2) of the Workplace Safety and Insurance Act.

Under this subsection, an injured worker...