Litigation Practice

• Revised: March 2008
• Content Last Reviewed: October 2009

The litigation practice provides legal advice to the Ministry of Labour’s officers and inspectors, reviews recommendations to prosecute and, where warranted, conducts prosecutions under the Provincial Offences Act for violations of the Occupational Health and Safety Act (OHSA) and the Employment Standards Act, 2000 (ESA). The prosecutions are conducted before the Ontario Court of Justice and are presided over by either a Judge or a Justice of the Peace. The litigators travel throughout the province to conduct the prosecutions in the districts in which the offence took place. The litigation practice also initiates and responds to appeals to the higher courts.

The work of the litigation practice is considered key to advancing the Ministry of Labour's goal of reducing workplace injuries and deaths and ensuring compliance with minimum employment standards, through deterrence. In the 2006-2007 fiscal year, there were approximately 856 convictions under the OHSA with fines totalling over 8.8 million dollars. On the employment standards front, since the implementation of its revised prosecution policy in 2004, the Ministry of Labour has initiated over 620 ESA prosecutions.

The prosecutors have had great success in establishing significant legal precedents on the nature of strict liability offences, principles of statutory interpretation, the scope of Charter of Rights and Freedoms protections for those facing quasi-criminal liability and penalties for violations of public welfare legislation.

In addition, the lawyers represent the Ministry in defending administrative compliance orders, issued by Ministry officers under the ESA and inspectors under the OHSA, in appeals to the Ontario Labour Relations Board (the OLRB). The lawyers represent the Ministry's interest in these proceedings to ensure the proper interpretation and application of the relevant legislation or, in other words, to ensure that general legislative principles have practical effect. They also represent the Ministry in judicial review proceedings involving decisions of the OLRB, before all levels of the courts.

Finally, the lawyers represent the Ministry's interest, as required, at Coroner's Inquests involving the death of workers.