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Employer and Supervisor Fined After Employee Drowns
Ontario employers must take workplace health and safety responsibilities seriously, especially when the risks are foreseeable. A failure to assess hazards, enforce policies, or provide proper supervision can result in devastating consequences and substantial liability.
A recent decision from the Ontario Court of Justice demonstrates the importance of proactive safety planning. In Ontario (Ministry of Labour, Training and Skills Development) v. New Leaf, 2025 ONCJ 333, the Court fined a non-profit employer $225,000 and one of its managers $30,000 personally after a worker drowned while supervising a resident in the facility’s recreational pool.
This article outlines what happened in the case, explains key employer obligations under Ontario’s Occupational Health and Safety Act (OHSA), and offers practical guidance to help employers avoid similar outcomes.
Case Overview: Ontario v. New Leaf, 2025 ONCJ 333
New Leaf: Living and Learning Together is a residential care provider for adults with developmental disabilities operating in Queensville, Ontario. Its facility included a recreational swimming pool, with a policy requiring two staff members present during any pool activity, one of whom must be a “competent swimmer.”
In February 2021, during a staffing shortage caused by the pandemic, a personal support worker, Sarafa Ashiru, brought a resident to the pool alone, despite concerns raised by his colleague and supervisors. There was no confirmation that Ashiru was a competent swimmer, and the aquatic supervisor with life-saving certification was absent due to illness.
Video footage showed Ashiru entering the pool, struggling immediately, and drowning while the resident was unaware of what was happening. He was found deceased later that day.
The Court’s Findings
The Court found New Leaf guilty of three violations under the OHSA:
- Failing to confirm that the worker was a competent swimmer
- Failing to assign a second staff member to assist during the swim
- Failing to provide adequate supervision and oversight
A manager was also found personally liable for permitting the activity to proceed despite knowing the risks.
The Court emphasized that:
- The incident was foreseeable and preventable
- Policies were in place, but not enforced or monitored
- The organization’s non-profit status did not reduce its safety obligations
Penalties Imposed
- $225,000 in fines against the employer (plus victim fine surcharge), payable over 10 years
- $30,000 in personal fines against the manager, payable over five years
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Workplace safety policies must be more than checkboxes. Employers must enforce them, monitor compliance, and respond to changing circumstances to keep workers safe.”
Health and Safety Compliance in Ontario
In Ontario, employers and supervisors have a duty under the OHSA to take every reasonable precaution to protect workers. This includes planning for foreseeable risks, enforcing safety policies, and ensuring staff are trained and equipped for their duties.
Key responsibilities include:
- Conducting thorough risk assessments for all workplace activities
- Ensuring employees have verified training and qualifications
- Supervising high-risk tasks and maintaining coverage during absences
- Taking concerns raised by staff seriously and responding appropriately
Practical Tips for Ontario Employers
- Reassess Risks Regularly
Review all tasks for safety risks, especially those involving physical hazards like swimming, driving, or heavy equipment. - Confirm Employee Competency
Do not assume staff can perform high-risk tasks safely. Verify certifications and skills and document your assessments. - Enforce Policies Consistently
Having a written safety policy isn’t enough. Supervisors must enforce it and follow up when gaps are identified. - Prepare for Supervisor Absences
If your safety plan relies on a single qualified employee, have a backup plan to avoid being caught unprepared. - Educate and Empower Managers
Train supervisors to recognize and act on safety concerns. Their decisions can lead to personal liability under OHSA.
Final Thoughts
The New Leaf decision reinforces a critical message for Ontario employers: workplace safety is a legal obligation, not a guideline. Failing to plan, train, or supervise adequately can lead to tragic outcomes and significant penalties.
Employers must ensure that safety policies are more than words on paper; they must be practiced, enforced, and adapted as needed. A proactive, compliant approach protects both workers and your organization.
Need Help Managing Workplace Safety Obligations?
At Achkar Law, we advise employers across Ontario on meeting their legal obligations under the OHSA, conducting internal investigations, and defending against Ministry of Labour claims.
Whether you’re creating safety protocols or responding to a workplace incident, our team can help.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation.