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Cheryl A. Edwards

Cheryl A. Edwards

Partner
  • Toronto 416 360.2897
     
cedwards@heenan.ca LinkedIn profile
 
 
    

Cheryl A. Edwards is Lead in the firm’s OHS & Workers’ Compensation practice group. She has brought a highly focused, strategic and practical approach to workplace safety management, problems and litigation for provincial, national and international clients for over 25 years. A former Ontario Occupational Health and Safety (OHS) Prosecutor, Cheryl has been repeatedly recognized as one of the best OHS and Workplace Safety and Insurance Board (WSIB) lawyers in Canada.

Cheryl has extensive experience representing employers, constructors, supervisors and officers and directors at OHS regulatory trials, complaints, inquests and appeals. She also advises and conducts litigation in labour relations and employment matters, including grievance arbitration, employment standards, wrongful dismissal, human rights and workers’ compensation matters. She was partner at a boutique labour and employment firm before joining Heenan Blaikie.

Drawing on her extensive knowledge of occupational health and safety law, Cheryl routinely assists clients with proactive OHS measures. These include advice on policy development and compliance with OHS and WSIB requirements. Cheryl has conducted health and safety “due diligence” audits for organizations of all sizes and their management. She assists with the immediate issues arising from a serious workplace accident, but also develops proactive Accident Response Plans and strategies to minimize the legal consequences of accidents. She also conducts practical and interactive in-house seminars and training sessions. Her in-house training seminars provide guidance on such topics as meeting Canadian OHS due diligence standards, dealing with workplace violence requirements, OHS standards when using contractors, discipline for safety infractions.

Specialized in-house training seminars that Cheryl has developed and can customize in length and content for organizations include:

• When Can You Discipline for Safety?: Responding to Safety Infractions and the Exercise of Safety-Related Rights

• The Contracting Conundrum: OHS Liabilities, Due Diligence and the Need for Contractor Safety Programs

• Contracting For Services and Construction Projects: A Course For Federally Regulated Employers

• Construction at Industrial Establishments: How to Get Into the Construction Business While Staying Out of Hot Water

• There’s an OHS Inspector at the Door!: Are You Prepared With an Accident Response Plan

• Workplace Violence and Harassment: A Ten Point Policy and Prevention Strategy

• Health and Safety in the Boardroom: Briefing on Corporate and Personal OHS and Bill C-45 Responsibilities and Prevention Strategies

• OHS Due Diligence for Supervisors: Best Practices to Meet Court Standards

Cheryl is a frequent speaker at professional conferences and writes extensively for specialized OHS publications and magazines, and trade publications. She has delivered and published hundreds of OHS-related papers and articles throughout her career. She is a regular writer for OHS and industry publications, including Canadian Occupational Safety magazine, OHS Canada magazine, Building Ontario magazine, Coverings and Wood Industry magazine, Canadian HR Reporter, Ontario OH&S Law Report, OH&S Safety Compliance Insider and the creator and past editor of Canadian Occupational Health and Safety Cases.

Cheryl has been listed as a leading lawyer in workers compensation in The Best Lawyers in Canada (Woodward/White), and as a leading Canadian occupational health and safety practitioner in the Canadian Legal Lexpert Directory for well over 10 years. She is the Co-Chair of the International Practice group for Occupational Health and Safety of Ius Laboris, a global alliance of labour and employment firms, and has chaired the OHS Sub Committee of the Canadian Association of Counsel to Employers since 2010.

Education

  • LL.B., York University (Osgoode Hall Law School), 1984

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
  • Ontario Bar Association
  • The Law Society of Upper Canada (Ontario)

Publications & Conferences

  • Co-author with Julie-Anne Cardinal and Jeremy Warning,  “Sometimes a Swimming Pool is Just a Swimming Pool: Ontario Court of Appeal Grants Blue Mountain Appeal”, Ultimate HR Manual, February 2013.
  • Co-author with Shane Todd, "Workplace mental health and the law", COS Magazine, February 26, 2013.
  • Co-author with Chritina Hall and Jeremy Warning, “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 with Shane Todd, “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 with E. Rankin of CSA, “Canada’s New Standard on Psychological Health and Safety in the Workplace”, Insight Accommodation Conference, October 29, 2012, Toronto
  • Co-author with Shane Todd “CSA Standard for Psychological Health and Safety in the Canadian Workplace" Published on November 7, 2012, Heenan Blaikie OHS & Workers’ Compensation Management Update, October 25, 2012
  • Co-author with Jeremy Warning, Christina Hall “After Metron: Corporate Criminal Liability Based Solely on Supervisory Action?, COS Magazine, October/November 2012
  • Speaker at Canadian Association of Counsel to Employers Conference - “Inquests – What To Do To Manage The Legal, Practical, Reputational Risks Practical , September 20, 2012, St. John’s Newfoundland
  • Co-author with Jeremy Warning, Shane Todd “After Metron: The Corporate Criminal Liability Landscape in Canada”, OHS & Workers’ Compensation Management Update, Heenan Blaikie, July 13, 2012.
  • Co-Author with Samantha Seabrook ““What Were They Thinking? A Serious Look at Some “Wacky” Cases Involving Discipline for Safety Matters”, COS Magazine, June/July 2012
  • Co-author with Shane Todd, "Proposed standard for psychological health and safety in the Canadian workplace", Canadian Corporate Counsel, Vol. 21, no. 5, March/April 2012.
  • Co-Presenter, with Jeremy Warning and Julie-Anne Cardinal, "Due Diligence: Successfully Meeting Health & Safety’s Highest Standards", Heenan Blaikie's Labour & Employment Managing the Workplace Seminar Series, February 23, 2012. http://managingtheworkplace.com/
  • Co-Presenter with members of Ius Laboris “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, Canadian Bar Association Professional Development Program, "Beyond the Lien Act: How to Effectively Address Non-Construction Issues Arising on a Construction Project", November 16, 2011, Toronto.
  • Co-Author, with Jeremy Warning and Samantha Seabrook, "Charting OHS Change in Ontario: From Dean Panel to Bill 160, and Beyond”, OHS & Workers' Compensation Management Update, October 25, 2011.
  • Co-chair, conference titled "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", Heenan Blaikie's 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 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, with Jeremy Warning and Shane Todd, "Don't Get More Than You Bargained For! Avoiding the OHS Perils in Contracting for Work", Heenan Blaikie's 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.
  • Panellist, “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”, co-sponsored 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”, Heenan Blaikie’s 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.
  • Panellist, “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.
  • Panellist, “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.
  • “Discipline as an Essential Part of OHS Due Diligence,” Speaker, Occupational Health and Safety Conference, The Canadian Institute, Calgary, November 17 and 18, 2008
  • “Tackling Workplace Violence and Harassment as a Health and Safety Problem”, Panellist and Advisory Committee member at the 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.
  • “OH&S Due Diligence Fundamentals for the Scaffolding and Access Industry,” Access Canada, magazine of the Scaffold Industry Association of Canada, November 2007.
  • “Civil Claims, OH&S and Criminal Prosecutions in the Courts” –  Presenter on Panel at Lancaster House Annual Health and Safety Conference, Update 2007, November 7, 2007.
  • “Impact of OH&S Legislation During a Disaster” – Presentation at First and Second Municipal Health & Safety Association conferences, October 3, 2006 and October 2, 2007.
  • “Contracting for Services: The OH&S Due Diligence Conundrum” –  Presenter, 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.
  • “OH&S Liabilities, Due Diligence, and the Need for Contractor Safety Programs” –  Presentation for the Ontario Association of School Business Officials (OASBO), January 25, 2007.
  • “Bill C-45 and Potential D&O Liability: Assessing the Risks of Criminal Prosecution Faced by corporations and their Boards and Management” – Presenter, the 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
  • “Construction at Industrial Establishments” – Co-Presenter on Panel, at 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
  • “Bill C-45 Criminal Code Amendments and Implications for the Public Sector” – Presentation for The Canadian Institute, 11th Annual Municipal/Provincial Government Liability Conference, February 17, 2005.
  • “Managing Your Business to Maximize Worker Safety and Minimize OH&S Enforcement Costs” – Presenter at Council of Ontario Construction Associations’ Industry Exchange Conference, February 10, 2005.
  • “Occupational Health and Safety-New Criminal Liabilities and Increased Enforcement Initiatives for the Construction Sector” – Presenter, The Canadian Institute, Construction Superconference, November 29, 2004.
  • Conference Co-chair and Presenter – The Canadian Institute, Two-Day Conference, “New Criminal Liability for Organizations Under Bill C-45”, May 3 and 4, 2004.
  • “You’ve Had an Accident! Managing the Consequences in a Post-Bill C-45 World,” OHS Canada, April/May 2004.
  • “Occupational Health & Safety Due Diligence: The Future is Now” - Chair and Presenter of 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,” TheLawyers 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.
  • “Current Occupational Health and Safety Issues Impacting Construction Sites” – Presenter at 12th Annual Construction Superconference, Canadian Institute, December 12-13, 2002.
  • “Taking Due Diligence to a New Dimension” – Presenter at 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.
  • “Occupational Health and Safety: New Requirements and New Employer Rights” – Presenter at 2002 Institute of Continuing Legal Education, Ontario Bar Association, January 24-26, 2002
  • 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.
  • "Violence in the Workplace Forum" - Chair and Presenter, 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

Seminars & Conferences

Canadian Legal Lexpert® Directory
(Occupational Health & Safety - 2012)

The Best Lawyers in Canada
(Workers' Compensation Law - 2013)

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