OHS 208 Lecture Notes - Lecture 3: Contributory Negligence, Statutory Law, Statutory Authority
27 Oct 2016
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Document Summary
Legislation identifies duties of workplace, the er and the power of external gov"t agencies. Ontario ministry of labour manages the ohs. Workplace safety and insurance board manages wsia. To ensure the prevention of accidents, injuries, illnesses an deaths in workplace. Access to a no fault compensation system if injurerd at work or during work. Early 19th century: workers had little to no statutory protection, availability of ohs and worker compensation legislation does not mean workers are protected, only thing ppl had protection against er was suing the er. Courts used to acknowledge er negligence but didn"t hold them liable. Defense: alleged by a party proceeding against in an action or suit as a reason why the plaintif should not record or edtablish that which he seeks by his complaint or petition. He will not win this case or succeed his claim. Justificatory defense: used by a defendant to justify his actions, defendant is not refuting the allegations against them.
