Although the amendments provide some ministry oversight of workplace investigations, the OHSA does not create a statutory cause of action for damages for a breach of the workplace investigation provisions. It is well established that there is no stand-alone breach of statutory duty, finding that civil consequences for breach of a statue should be subsumed in the law of negligence. Proof of a statutory breach which causes damages, may be evidence of negligence. The statutory formulation of the duty may afford a specific, and useful, standard of reasonable conduct.: Canada v. Saskatchewan Wheat Pool 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205. at p. 443; Mohammed v. The Queen in Right of Ontario 2019 ONSC 532.
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