R. v. 733515 Ontario Inc. (Triad Exterior Contracting Specialists)
Appeal dismissed because the actus reus argument was foreclosed by R. v. Wyssen, the appellant failed to prove due diligence on the balance of probabilities, and there was no error of law in the sentence.
Source-derived case information.
- Citation
- 2009 ONCA 29
- Parties
- Respondent: Her Majesty the Queen in Right of Ontario (Ministry of Labour); Appellant: 733515 Ontario Inc. c.o.b. as Triad Exterior Contracting Specialists
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 January 2009
- Procedural Posture
- Criminal / Appeal From Conviction (court of Appeal)
- Outcome
- Appeal dismissed; conviction and sentence upheld.
- Legal Topics
- Actus Reus, Due Diligence, Sentencing, Corporate Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in Right of Ontario (Ministry of Labour)
Respondent
733515 Ontario Inc. c.o.b. as Triad Exterior Contracting Specialists
Appellant
Procedural Posture
Criminal / Appeal From Conviction (court of Appeal)
Legal Issues
- 1 whether the corporation had the requisite actus reus
- 2 whether the appellant established the due diligence defence on the balance of probabilities
- 3 whether the sentence contained an error of law
Ratio Decidendi
Appeal dismissed because the actus reus argument was foreclosed by R. v. Wyssen, the appellant failed to prove due diligence on the balance of probabilities, and there was no error of law in the sentence.
Court Disposition
Appeal dismissed; conviction and sentence upheld.
Orders
- Appeal dismissed; conviction and sentence upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. 733515 Ontario Inc. (Triad Exterior Contracting Specialists) Collection Decisions of the Court of Appeal Date 2009-01-15 Neutral citation 2009 ONCA 29 Docket numbers C48816 Judges Doherty, David H.; MacPherson, James C.; Lang, Susan Elizabeth Subject Criminal Decision Content CITATION: R. v. 733515 Ontario Inc. (Triad Exterior Contracting Specialists), 2009 ONCA 29 DATE: 20090114 DOCKET: C48816 COURT OF APPEAL FOR ONTARIO Doherty, MacPherson and Lang JJ.A. BETWEEN: Her Majesty the Queen in Right of Ontario (Ministry of Labour) Respondent and 733515 Ontario Inc. c.o.b. as Triad Exterior Contracting Specialists Appellant Ronald J. Poirier, for the appellant D. Kleiman, for the respondent Heard: January 12, 2009 On appeal from the conviction entered by Justice D. Petit Baig of the Ontario Court of Justice dated November 2, 2007. APPEAL BOOK ENDORSEMENT [1] The appellant raises three arguments. The “actus reus ” point is decided against the appellant by the decision of this court in R. v. Wyssen (1992), 10 O.R. (3d) 193 at 198. [2] With respect to the due diligence argument, we agree with counsel for the respondent that the evidence justified the finding that the appellant had failed to meet its onus of establishing, on the balance of probabilities, that it had taken all reasonable steps to ensure that the requisite safety measures and procedures were taken. [3] We see no error in law in the sentence imposed. [4] The appeal is dismissed.