Cheryl A. Edwards Partner T 647.777.8283 F 416.862.8247 C 416.452.4958 cedwards@mathewsdinsdale.com Cheryl is a senior partner in our Occupational Health and Safety (OHS) and Workers Compensation practice. A former Ontario OHS Prosecutor, Cheryl has nearly 30 years of experience in advising on strategic and practical approaches for management of workplace safety issues including the complexities of OHS due diligence, contractor management, accident response strategies, and discipline for safety matters. She frequently advises on national and federal OHS programs. She has defended and represented employers, constructors, senior management, and supervisors in some of the most serious and complex health and safety trials, complaints, inquests and appeals. She provides hard hitting and practical training to management and supervisors. Cheryl led a national OHS practice group as well as an international OHS practice group prior to joining Mathews Dinsdale. She has been repeatedly listed as a leading lawyer in workers' compensation in Best Lawyers in Canada, and a leading occupational health and safety practitioner in the Canadian Legal Lexpert Directory. Cheryl also regularly provides practical advice and representation in grievance arbitration and labour board proceedings. She is a frequent speaker at in house training sessions and professional conferences. Education Osgoode Hall Law School, Toronto, Ontario, LL.B., 1984 Bar Admission Law Society of Upper Canada (Ontario), 1986 Professional Affiliations American Bar Association Canadian Association of Counsel to Employers (CACE) Canadian Labour Law Association (CLLA) Global Occupational Safety and Health Network International Organization of Employers Canadian Bar Association Ontario Bar Association Practice Areas Occupational Health and Safety Workplace Safety and Insurance Labour Relations Employment Standards Employment Contracts Grievances and Arbitration Workplace Policies and Practices Wrongful Dismissal Actions Employee Drug and Alcohol Abuse Management Industries Airlines Broadcasting Construction Energy Food Products Hospitality Long-Term Care Manufacturing Mining Pulp and Paper Retail Operations Steel Telecommunications Transportation Warehousing and Distribution Community Services Education Government Services Hospitals Municipal Governments Public Utilities
Cheryl A. Edwards 2 Publications & Conferences Presenter, Occupational Health and Safety Issues in Construction: Key Issues for Managing Risk, Osgoode Hall Law School Certificate in Construction Law, November 21, 2013 Co-Author, Corporate Criminal Conviction as Corporate Death Sentence? Court Says Companies Can be Fined into Bankruptcy for Workplace Accidents OHS & Workers Compensation Management Update, September 2013 Co-Author, Sometimes a Swimming Pool is Just a Swimming Pool: Ontario Court of Appeal Grants Blue Mountain Appeal, Ultimate HR Manual, February 2013 Co-Author, "Workplace mental health and the law", COS Magazine, February 26, 2013 Co-Author, Could One Supervisor s Actions at a Project Lead to Criminal Negligence Liability for Your Organization?, Construction Law Letter, Volume 29, No. 3 Co-Author, Does the Law Require A Psychologically Safe Workplace? The New Standard for Psychological Health and Safety in Context, COS Magazine, February/March 2013 Speaker, Managing Discipline for Safety: Responding Appropriately to Safety Infractions, Avoiding the Pitfalls of Safety-Related Reprisals, Partners in Prevention 2012 - Markham Conference, November 28, 2012 Speaker, Discipline for Safety: How to Respond Appropriate to Safety Infractions and Avoid the Pitfalls of Safety-Related Reprisals, Bongarde OHS Summit, October 30, 2012, Toronto Speaker, Co-presenter, Canada s New Standard on Psychological Health and Safety in the Workplace, Insight Accommodation Conference, October 29, 2012, Toronto Co-Author, CSA Standard for Psychological Health and Safety in the Canadian Workplace" Published on November 7, 2012, OHS & Workers Compensation Management Update, October 25, 2012 Co-Author, After Metron: Corporate Criminal Liability Based Solely on Supervisory Action?, COS Magazine, October/November 2012 Speaker, Inquests What To Do To Manage The Legal, Practical, Reputational Risks Practical, Canadian Association of Counsel to Employers (CACE) Conference, September 20, 2012, St. John s, Newfoundland Co-Author, After Metron: The Corporate Criminal Liability Landscape in Canada, OHS & Workers Compensation Management Update, July 13, 2012 Co-Author, What Were They Thinking? A Serious Look at Some Wacky Cases Involving Discipline for Safety Matters, COS Magazine, June/July 2012 Co-Author, "Proposed standard for psychological health and safety in the Canadian workplace", Canadian Corporate Counsel, Vol. 21, no. 5, March/April 2012 Co-Presenter, "Due Diligence: Successfully Meeting Health & Safety s Highest Standards", Labour & Employment Managing the Workplace Seminar Series, February 23, 2012 Co-Presenter, International Workforce In an Age of Change Session titled Violence, Bullying and Stress in the Workplace: Finding Solutions is a Global Problem, Ius Laboris Miami Congress, May 21, 2012 Co-Author, "Charting occupational health and safety change in Ontario", International Law Office Newsletter, November 23, 2011 Instructor, "Occupation Health & Safety Issues in Construction", Osgoode Certificate in Construction Law, Osgoode Hall Law School, November 21-25, 2011 and November 19-23, 2012, Toronto Speaker, "Beyond the Lien Act: How to Effectively Address Non-Construction Issues Arising on a Construction Project", Canadian Bar Association Professional Development Program, November 16, 2011, Toronto Co-Author, "Charting OHS Change in Ontario: From Dean Panel to Bill 160, and Beyond, OHS & Workers' Compensation Management Update, October 25, 2011 Co-chair, "Bill 160 - Shaping Health & Safety Policy for the Future", Insight Information, October 19-20, 2011, Toronto Co-Presenter with Jeremy Warning, "You've Had a Workplace Accident! Managing the Risk", 2011 Professional Development series for legal professionals, April 13, 2011 Co-Chair and Panelist, "You've Had a Workplace Accident or High Risk Health Incident!: Legal and Practical Risk management Strategies", Global Occupational Safety and Health Network, Paris, April 8, 2011 Co-Author, with Jeremy Warning, "OHS Change in Ontario Marches Forward: Bill 160 Implementing The Dean Panel Recommendations", OHS & Workers' Compensation Management Update, April 7, 2011 Co-Author, with Jeremy Warning, "The Importance of Control: Ontario Court Comments on Determining the Constructor Over a
Cheryl A. Edwards 3 Construction Project", OHS & Workers' Compensation Management Update, March 16, 2011 Speaker, Tony Dean Report Summary, Canadian Society of Safety Engineering (CSSE) Toronto Chapter Education Day By the Book, Mississauga, February 8, 2011 Co-Presenter, "Don't Get More Than You Bargained For! Avoiding the OHS Perils in Contracting for Work", Labour & Employment Managing the Workplace Seminar Series, February 3, 2011 Speaker, "Ontario OHS Reform: What the Sweeping New Proposals for Overhauling the Ontario OHS System Mean to You and Your Organization", webinar presented by Bongarde Media, January 20, 2011 Co-Author, with Jeremy Warning, "The Future of Workplace Safety in Ontario: Dean Panel Recommendations Revealed", OHS & Workers' Compensation Management Update, January, 2011 Panelist, Addressing Workplace Violence and Harassment: A Cross-Country Review, Canadian Bar Association National Administrative Law Labour & Employment Law and Privacy & Access Law Conference Behind the Eight Ball or Ahead of the Curve?, November 26, 2010 Speaker, Complexities Facing Global Employers in an Uncertain Economy, cosponsored by The Cornell ILR Labour and Employment Law Program and Ius Laboris (The Global Alliance of Leading Employment Law Practices), Cornell Club, November 12, 2010 Keynote Speaker, You ve Had a Workplace Accident Best Practices for Managing Risk, Employers' Advocacy Council/Canadian Manufacturers & Exporters Business Summit on Workplace Safety & Insurance, Mississauga, Ontario, November 4, 2010 Co-presenter, Anatomy of an OHS Prosecution: Managing Risk From Inspection to Judgement, intensive half-day session at the OHS Compliance Summit sponsored by Bongarde, Toronto, October 5, 2010 Chair of panel discussion, Managing the OHS Inspector at the Door: Your Client Has Had An Accident!. Canadian Association of Counsel to Employers (CACE) Conference, Vancouver, B.C. held on September 23 & 24, 2010. Cheryl also participated on the panel: Supervisory, Senior Management, Director & Officer Risk Issues and Risk Management at the CACE Conference Presenter, There s An OH&S Inspector at the Door! Successfully Managing MOL Inspections, Canadian Society of Safety Engineering (CSSE) Golden Triangle Chapter Meeting, Kitchener, Ontario, September 15, 2010 Author, Report critical of federal occupational health and safety enforcement, International Law Office newsletter, June 23, 2010 Co-author, From Proclamation To Implementation: Facing the Challenges of Complying With The Bill 168 OHSA Amendments, OHS & Workers' Compensation Management Update, May 17, 2010 Co-author, Corporate criminal liability for workplace accidents, International Law Office newsletter, April 14, 2010 Co-author, OH&S Corporate Criminal Liability Rears its Head Again in Canada, March 7, 2010 Co-Author, Court rules B.C. mental stress requirements violate Charter, Canadian Occupational Safety, January 22, 2010 Speaker, Preventing Workplace Violence and Harassment: Evolving Approaches in Ontario including New Bill 168 Provisions, OOHNA Lunch N Learn Webinars 2010, Ontario Occupational Health Nurses Association, January 20, 2010 Presenter of webinar, Preventing Workplace Violence and Harassment: Evolving Approaches in Ontario including New Bill 168 Provisions, Ontario Occupational Health Nurses Association, webinar, January 20, 2010 Presenter, Workplace Violence And Harassment: Meeting New Bill 168 OH&S Requirements and Managing The Problem, 2010 Labour & Employment Seminar Series, January 19 and April 28, 2010 Co-Chair, Annual Health and Safety Conference, Lancaster House, November 5, 2009 Co-Author, Court of Appeal Strikes Down Workers' Compensation Board's Mental Stress Policy, Employment & Labour Law newsletter, International Law Office, October 28, 2009 Co-Presenter, You ve Had an Accident Now What Do You Do? ; Do s and Don ts of Accident Response, A Dramatization, OHS Compliance Summit 2009, Bongarde Media, October 14, 2009 Co-Author, Court Upholds Use of Solicitor-Client Privileged Internal OH&S Accident Investigation Reports by Employers, Not Enforcers, Nuts and Bolts, Construction Law Section newsletter, Ontario Bar Association, Volume 24, No. 1, October 2009 Keynote Speaker, OH&S Due Diligence: A Practical Discussion, Health and Safety Day, Mines and Aggregates Safety and Health Association, September 24, 2009 Panelist, Pandemic Influenza HR Strategies and Legal Issues, Ontario Hospital Association Webcast, July 8, 2009 Presenter, Preventing Workplace Violence: Evolving Approaches in Ontario, Employers Advocacy Council, June 2009 Author, Ontario Moves to Join Other Jurisdictions with OHS Violence and Harassment Provisions, Canadian Occupational Safety, May/June 2009
Cheryl A. Edwards 4 Panelist, Dealing with Pandemic Outbreaks: Legal Implications for the Workplace, Lancaster House Audio Conference, May 29, 2009 Conference Co-Chair and Presenter, New and Evolving Approaches to Legislating and Enforcing Workplace Violence as an OH&S Issue in Ontario, conference entitled Managing Workplace Violence, Bullying and Harassment, Canadian Institute, May 21-22, 2009 Presenter along with US and Mexican labour and employment counsel, Preparing the Workplace for a Pandemic, Littler Mendelson Webinar, May 5, 2009 Annual Ministry of Labour Mock Trial Co-Developer of Mock Trial and Presenter as Defence Counsel, Industrial Accident Prevention Association, Annual Health & Safety Conference & Trade Show, April 2000 through to and including April 2009 Participant in machine guarding Panel, On the Side of the Law, IAPA Annual Conference and Trade Show, Health and Safety Canada 2009, April 21-22, 2009 Presenter, Workplace Violence: Evolving Obligations and Worker Rights in Ontario, IAPA Conference and Trade Show, Health and Safety Canada 2009, April 21, 2009 Hiring a GC as Constructor and Keeping it that Way Part II, Building Ontario magazine, Spring 2009 Presenter, Beyond Regulatory OHS Enforcement: Criminal Law Risk for Organization and Executives, International Organization of Employers Global Safety and Health Network Inaugural Meeting, Geneva, March 30-31, 2009 Presenter, Workplace Violence as a Multi-Faceted Legal Issue, Ontario Hospital Association in Partnership with Ministry of Health and Long Term Care and Health Force Ontario Conference titled Preventing Workplace Violence: Violence is Not Part of the Job, March 3, 2009 Author, Workplace Violence: Ever-Evolving OH&S Obligations And Worker Rights, Canadian Occupational Safety, January/February 2009 Speaker, Discipline as an Essential Part of OHS Due Diligence, Occupational Health and Safety Conference, The Canadian Institute, Calgary, November 17-18, 2008 Panelist and Advisory Committee Member, Tackling Workplace Violence and Harassment as a Health and Safety Problem, Health & Safety Conference, Lancaster House, November 13, 2008 Presenter, Is Senior Management Zeroing in on Zero?: Senior Management OH&S Responsibilities and Risks, Municipal Health and Safety Association s 3rd Annual Health and Safety Conference entitled Zero in on Zero, October 29, 2008 Presenter, Managing Violence, Bullying and Harassment in the Workplace: Ensuring the Right to a Safe Working Environment, Advanced Forum on Employment Law, Canadian Institute, October 16-17, 2008 Presenter, Workplace Safety: Violence at Work, teleseminar, panel discussing workers' compensation, human rights, OH&S and criminal aspects of violence, The Law Society of Upper Canada, October 16, 2008 Presenter, OH&S Fundamentals in a Post C-45 World, Wellington Medical Centre Safety Group Presentation, September 24, 2008 Presenter, There is an OHS Inspector at the Door Strengthening Your Tools, Education Safety Association of Ontario Annual Health and Safety Conference, May 30, 2008 Presenter, Ask the Expert: Key OH&S and Due Diligence Questions, 9th Annual Health & Safety Conference of the Education Safety Association of Ontario, May 26-28, 2009 Corporate Criminal Liability: Coming to a Construction Project near you? Nuts & Bolts, Construction Law Section, Ontario Bar Association, Volume 22, No. 5 May 2008 Corporate Criminal Liability Comes to Canada: Transpavé Convicted and Fined for Criminal Negligence Causing Death (Part I), Canadian Occupational Safety, May/June 2008 Presenter, Workplace Violence & Working Alone: Evolving Expectations and Enforcement Trends, IAPA Annual Conference and Trade Show, April 21, 2008 Presenter, Trends In Personal Liability For The OH&S Professional, Canadian Society of Safety Engineers, Toronto Chapter Education Day, February 12, 2008 Hiring a GC as constructor and Keeping it that Way Part I, Building Ontario magazine, Winter 2007/2008 Machine Guarding Requires Strict Compliance: A Reminder From the Courts in R. v. Dofasco, Canadian Occupational Safety, January/ February 2008 Conference Co-Chair, Half Day Program on Occupational Health and Safety Prosecutions: What You Need to Know, Ontario Bar Association, December 10, 2007
Cheryl A. Edwards 5 OH&S Due Diligence Fundamentals for the Scaffolding and Access Industry, Access Canada, magazine of the Scaffold Industry Association of Canada, November 2007 Presenter on Panel, Civil Claims, OH&S and Criminal Prosecutions in the Courts, Lancaster House Annual Health and Safety Conference, Update 2007, November 7, 2007 Presenter Impact of OH&S Legislation During a Disaster, First and Second Municipal Health & Safety Association conferences, October 3, 2006 and October 2, 2007 Presenter, Contracting for Services: The OH&S Due Diligence Conundrum, Schedule II Employers Group Conference and Trade Show, September 27, 2007 Safety Managers: New Targets for Canadian OH&S Enforcement?, Canadian Occupational Safety, September/October 2007 Employer Liability for Contractors under the Occupational Health and Safety Act: A Practical Guide, CLV Special Report, Carswell/Thomson Professional Publishing, Second Edition, 2007 Contractor Safety Management: The Continued Rise in Court Expectations and How to Meet Them, Canadian Occupational Safety, May/June 2007 Presenter, OH&S Liabilities, Due Diligence, and the Need for Contractor Safety Programs Ontario Association of School Business Officials (OASBO), January 25, 2007 Presenter, Bill C-45 and Potential D&O Liability: Assessing the Risks of Criminal Prosecution Faced by corporations and their Boards and Management, Canadian Institute 10th Annual Directors and Officers Liability Conference, October 31, 2006 You Call That Construction! : Knowing Your OH&S Definitions When Contracting for Construction, BuildingOntario, October 2006 OH&S Due Diligence in Ontario: A Practical Guide, CLV Special Report, Carswell/Thomson Professional Publishing, Second Edition, 2006 Co-Presenter on Panel, Construction at Industrial Establishments, Industrial Accident Prevention Association, Annual Health & Safety Conference & Trade Show, May 2, 2006 Where Are All The Bill C-45 Prosecutions?, Canadian Occupational Safety, July/August 2005 Corporate and Organizational Liability for OH&S Under Bill C-45, CLV Special Report, Carswell/Thomson Professional Publishing, 2005 Presenter, Bill C-45 Criminal Code Amendments and Implications for the Public Sector, The Canadian Institute, 11th Annual Municipal/Provincial Government Liability Conference, February 17, 2005 Presenter, Managing Your Business to Maximize Worker Safety and Minimize OH&S Enforcement Costs Council of Ontario Construction Associations Industry Exchange Conference, February 10, 2005 Presenter, Occupational Health and Safety-New Criminal Liabilities and Increased Enforcement Initiatives for the Construction Sector The Canadian Institute, Construction Superconference, November 29, 2004 Conference Co-chair and Presenter New Criminal Liability for Organizations Under Bill C-45, The Canadian Institute, Two-Day Conference, May 3-4, 2004 You ve Had an Accident! Managing the Consequences in a Post-Bill C-45 World, OHS Canada, April/May 2004 Chair and Presenter, Occupational Health & Safety Due Diligence: The Future is Now Full day Presentation at Voices of the Future, Ontario Occupational Health Nurses Association, 32nd Annual OOHNA Conference, October 1-3, 2003 Corporate Criminal Liability for Workplace Safety a Step Closer, The Lawyers Weekly, August 22, 2003, LexisNexis Canada Inc. Work Safety Offences May Soon be in Criminal Code, The Lawyers Weekly, February 28, 2003, LexisNexis Canada Inc. Presenter, Current Occupational Health and Safety Issues Impacting Construction Sites, 12th Annual Construction Superconference, Canadian Institute, December 12-13, 2002 Presenter, Taking Due Diligence to a New Dimension Canadian Society of Safety Engineers Professional Development Conference, November 3-6, 2002 The OH&S Contracting Conundrum: Who is Responsible For the Safety of Your Contractor s Employees?, OHS Canada, October/November 2002 Are your Lead Hands Minding the Shop? A Caution from the Courts, Canadian Occupational Safety, January/February 2002 Presenter, Occupational Health and Safety: New Requirements and New Employer Rights, 2002 Institute of Continuing Legal Education, Ontario Bar Association, January 24-26, 2002
Cheryl A. Edwards 6 Conference Co-chair, 10th Annual Worksafe OH&S Conference, and Presenter of Complying with the New Guidelines for Pre- Start Health and Safety Reviews, The Canadian Institute, November 26 and 27, 2001 Delegating Safety, OHS Canada, July/August 2000 Chair and Presenter, "Violence in the Workplace Forum", Industrial Accident Prevention Association, Annual Health & Safety Conference & Trade Show, April 10, 2000 Discipline for Safety Infractions Or Suffer the Consequences, OHS Canada, January/February 2000 Occupational Health and Safety in Ontario: An Employer s Guide, Loose-leaf text, First Edition 1990, Second Edition 1995, Carswell/Thomson Professional Publishing, Toronto, Ontario Co-Editor and Co-Founder, Canadian Occupational Health and Safety Cases, reporting service for Canadian occupational health and safety case law, Carswell/Thomson Professional Publishing, Toronto, Ontario, September 1989 to February 1994