R. v. Aecon Construction Group Inc.

R. v. Aecon Construction Group Inc.

Aecon, as construction manager, was a 'constructor' with the greatest degree of control and a statutory duty under s.15 to take every precaution reasonable; Aecon failed to ensure the penthouse outrigger was properly disassembled, secured or stored and did not exercise due diligence by failing to ensure proper communication and end-of-day inspections; lost investigator and police statements amounted to unacceptable Crown negligence and a Charter s.7 breach but did not cause irreparable prejudice warranting a stay, therefore Aecon is guilty of the remaining count under s.74(1)(a) OHSA.

Citation
2018 NSPC 22
Parties
Crown: R.; Defendant: Aecon Construction Group Inc.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 June 2018
Procedural Posture
Criminal (provincial Summary Prosecution Under Occupational Health and Safety Act) / Trial — Decision on Guilt (provincial Court)
Outcome
Defendant found guilty on the sole remaining count under s.74(1)(a) of the Occupational Health and Safety Act
Legal Topics
Constructor Liability, Due Diligence, Strict Liability Offences, Lost Evidence and Disclosure, Section 15 OHSA Duties, Stay of Proceedings, Charter S.7 Breach, Costs Against the Crown
Source Language
English
Occupational Health and Safety Criminal Law Administrative Law Charter Law Constructor Liability Due Diligence Strict Liability Offences Lost Evidence and Disclosure +4 more

Case Brief

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Parties

R.

Crown

Aecon Construction Group Inc.

Defendant

Procedural Posture

Criminal (provincial Summary Prosecution Under Occupational Health and Safety Act) / Trial — Decision on Guilt (provincial Court)

Legal Issues

  1. 1 Was Aecon a constructor under the OHSA?
  2. 2 What responsibility did Aecon have regarding the swing stage components?
  3. 3 Were the swing stage components properly disassembled, secured or stored?

Ratio Decidendi

Aecon, as construction manager, was a 'constructor' with the greatest degree of control and a statutory duty under s.15 to take every precaution reasonable; Aecon failed to ensure the penthouse outrigger was properly disassembled, secured or stored and did not exercise due diligence by failing to ensure proper communication and end-of-day inspections; lost investigator and police statements amounted to unacceptable Crown negligence and a Charter s.7 breach but did not cause irreparable prejudice warranting a stay, therefore Aecon is guilty of the remaining count under s.74(1)(a) OHSA.

Court Disposition

Defendant found guilty on the sole remaining count under s.74(1)(a) of the Occupational Health and Safety Act

Orders

  • Aecon Construction Group Inc. convicted of an offence contrary to s.74(1)(a) OHSA (failure as a constructor to take every precaution reasonable to ensure health and safety)
  • Directed verdict acquitting Aecon on the communication/coordination count (dismissal of second count)