Expertise You Can Rely On in High-Stakes Cases

When workplace health and safety incidents escalate into legal disputes, Western Health & Safety provides the technical credibility and litigation-grade reporting needed to support your case. With over 20 years of experience acting as an expert witness across Alberta, BC, and Saskatchewan, our reports have stood up to regulators, insurers, arbitrators, and opposing legal teams.
Every engagement is led by Don Fillion, CIH, CRSP — a Certified Industrial Hygienist and former OHS investigator — whose reports are prepared with one goal in mind: to hold up in court.
 
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Accident Investigation - Calgary
Bridge crane hoist failure during test lift

Our Litigation Services

We provide independent, defensible analysis for cases involving:
  • Workplace fatalities and injuries
  • Asbestos and mould contamination
  • Contractor negligence and failed abatement
  • Indoor air quality and ventilation disputes
  • Regulatory enforcement actions (OHS, WorkSafeBC)
  • Historical exposure reconstruction (asbestos, welding fume, noise)
Our deliverables are structured for legal review: fact-based, technically sound, and regulation-aligned.
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Expert Witness Experience

✅ Asbestos Contamination – Residential and Commercial Property (2018–2023)
    Client: Ridout Baron LLP, Bennett Jones LLP
  • Reviewed and challenged consultant reports in a high-profile residential contamination case.
  • Provided expert opinion on compliance with Alberta Asbestos Abatement Manual and OHS Regulations.
  • Participated in interrogatory preparation and legal strategy alongside legal teams.
✅ Workplace Fatalities – Alberta & Saskatchewan (2004, 2017)
    Client: McLennan Ross LLP
  • Conducted independent fatality investigations for construction and industrial workplaces.
  • Prepared due diligence reviews for employers and prime contractors.
  • Provided written reports and testimony regarding compliance and prevention measures.
✅ Commercial Property Disputes – Hazardous Materials (2007)
     Client: Stones Carbert Wait LLP
  • Assessed the condition of hazardous materials prior to property sale.
  • Provided expert opinion on minimum regulatory standards, due diligence, and control measures.
✅ Contractor Negligence – IAQ & Asbestos (Multiple Years)
  • Supervised post-contamination cleanup of improperly abated sites.
  • Provided testimony on contractor obligations and engineering controls.
  • Reviewed and challenged third-party consultant reports for accuracy and compliance.
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OUR PROVEN PROCESS

  • Discovery
    We review all relevant documentation (consultant reports, statements of claim, sampling data, contractor scope).
  • Technical Review
    CIH-led evaluation of regulatory compliance, exposure potential, and best practice adherence.
  • Expert Opinion
    A detailed, litigation-grade report suitable for legal proceedings, arbitration, or regulatory hearings.
  • Testimony & Support
    If required, we provide written statements, affidavits, deposition preparation, and courtroom testimony.
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Why Law Firms & Insurers Choose WHS

  • CIH-Led Reports – Certified Industrial Hygienist (CIH) since 2003 with extensive field and legal experience.
  • Regulatory Fluency – Deep understanding of OHS Acts, codes, and manuals in AB/BC/SK.
  • Real-World Judgement – Decades of hands-on experience in industrial, construction, and public sector environments.
  • Dispute-Ready Documentation – Reports are structured for scrutiny and include a chain of evidence.
  • Responsive & Independent – We are not affiliated with any remediation or engineering firms.
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COMON LITIGATION TRIGGERS

  • We often support litigation involving:
  • Improper asbestos or mould remediation
  • Occupational disease allegations
  • Contractor disputes post-abatement
  • Misrepresented property conditions in transactions
  • IAQ disputes in schools, offices, or multifamily units
  • Regulatory citations where due diligence is contested​
CIH-Led Litigation Support for Workplace Exposure Cases
What types of cases do you support?
We’ve been involved in asbestos contamination cases, worker injury litigation, enforcement appeals, and insurance disputes where exposure to hazardous materials is alleged.
Can you testify in court?
Yes. WHS provides both written expert opinions and live testimony. Our work has been used in arbitration, mediation, and trial settings.
Do you only work with law firms?
No — we are also retained by property managers, insurers, school boards, and general contractors seeking third-party expertise.
What credentials does your expert hold?
Don Fillion is a Certified Industrial Hygienist (CIH), Registered Occupational Hygienist (ROH), and CRSP with over 30 years of experience — including field investigations and regulatory enforcement.

How do you ensure your reports stand up in litigation?
We follow a documented methodology based on regulatory frameworks (e.g., OH&S Code, Asbestos Abatement Manual), ensuring clarity, accuracy, and defensibility in every report.

ABOUT DON FILLION, CIH, CRSP

  • Principal at Western Health & Safety in Calgary, Alberta with over 30 years of experience in industrial hygiene, occupational health, and safety management.
  • Expert in regulatory compliance, hazardous materials assessment, and workplace exposure risk analysis.
  • Expert in Asbestos Assessment and Abatement, including asbestos contamination
  • Expert in mould assessments and mould abatement
  • Accredited Certified Industrial Hygienist (CIH) and Certified Registered Safety Professional (CRSP).
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📞 BOOK A CONFIDENTIAL CONSULTATION

Need litigation-grade support for a health and safety dispute?
Whether you're a legal team, insurer, or facility owner — we’ll help you protect your people, reputation, and legal position.
👉 Call [403-241-6889] or email [email protected]
📍 Serving Alberta & British Columbia
Revised September 2025
WHS - Occupational Hygienist