R. v. McCarthy Roofing Ltd.

Parties

Procedural Posture

Criminal (occupational Health and Safety Act Offences) / Application for Particulars (pre Trial)

Legal Issues

1. 1 Whether a count in an Information must, standing alone, contain sufficient information to enable the accused to know the case to meet
2. 2 Whether Crown disclosure may be taken into account when deciding an application for particulars
3. 3 Whether the disclosure in this case is sufficient to permit McCarthy's to make full answer and defence without particulars

Ratio Decidendi

The court held that Crown disclosure may be considered when ruling on particulars; applying that principle to the facts, the disclosure and related counts gave McCarthy's sufficient notice for Count 1 so no particulars were ordered, but Count 2 was too broad regarding the required communications and disclosure did not specify to whom, how or what communications were alleged, so the Crown must provide particulars for Count 2.

Court Disposition

Application partially granted: particulars denied for Count 1; particulars ordered for Count 2.

Orders

• No order for particulars as to Count 1
• Crown must provide particulars for Count 2 specifying to whom, how and what communications McCarthy's allegedly failed to ensure