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A recent decision of the Ontario Divisional Court has highlighted the expansive scope of an employer’s obligations to report critical injuries and fatalities to the Ministry of Labour (MOL).

Background

The decision concerns the Blue Mountain Resort in Collingwood, Ontario.On December 24, 2007, a guest at the resort drowned in a swimming pool located on the resort property.Blue Mountain did not contact or report the incident to the MOL, believing that, since the incident involved a guest of the resort (not one of its workers) and the fact that the swimming pool was unsupervised at the time of the accident, this was not a workplace incident which had to be reported to the MOL.

In early 2008, an MOL inspector visiting the facility (on an unrelated matter) learned of the [8] Mewborn was entitled to effect the termination of the
1976 grant during the five year window commencing in 1994
for the story rights and 1996 for the novel rights. She was
required to serve advance notice no less than two and no more
than ten years before the effective date of the termination. She
chose as the effective date May 1, 1998, a date that was
within the termination window for both of the works—1994
to 1999 for the story rights and 1996 to 2001 for the rights in
the novel. As of May 1, 1998, she validly terminated the
rights she granted to LTI in the 1976 Assignment.

   The district court misrelied upon Milne v. Stephen Sles-
inger, Inc., 430 F.3d 1036 (9th Cir. 2005), cert. denied, 126
S. Ct. 2969 (2006). Milne presented