Occupational Health and Safety Act charge after a construction site injury
Defending a contractor, owner or supervisor charged under the Occupational Health and Safety Act after a site accident.
What is included
- Reviews the charges, orders and Crown disclosure
- Advises the company, supervisors or workers on their position
- Represents you in the Ontario Court of Justice
- Negotiates resolutions with the prosecutor
- Advises on due diligence evidence and safety program improvements
What is not included
- Reports from engineers, schedulers or quantity surveyors, and other disbursements
- Court, adjudication or arbitration filing fees
- Appeals unless added to the retainer
- Project management or site inspections
Who this service is for
- Constructors and employers charged after a site injury
- Supervisors and individuals charged under the Act
Information to have ready
- 1The summons or charges and any orders
- 2Site safety, training and inspection records
- 3Incident reports and witness names
- 4Correspondence with the Ministry's inspector
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$850/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is the due diligence defence?
A defendant may avoid conviction by showing it took every reasonable precaution in the circumstances. Training, supervision and safety records are often central.
Should the company speak to the inspector?
A company usually must co-operate with an inspection, but statements can become evidence. Get advice on how to respond once charges are possible.
Can a licensed paralegal defend a workplace safety charge?
Licensed paralegals may represent defendants in Provincial Offences Act proceedings in the Ontario Court of Justice, where these charges are heard. Ask NEO whether your matter is one it can handle directly or whether a lawyer is the better fit.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Statutory and contract deadlines keep running during a referral
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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