R. v. Meridian Construction Inc.

R. v. Meridian Construction Inc.

Defendants had actual notice or constructive responsibility for the unsecured skylight openings and failed to take immediate, reasonable corrective action after being informed; therefore both Meridian Construction Inc. and Donald London breached s.15(d)/s.17(1) and are guilty on Count 1. The mezzanine was not a "work area" under the Regulations so guardrails were not required and defendants are not guilty on Count 2. Count 3 failed because the Crown did not prove all particularized failings beyond a reasonable doubt.

Citation
2004 NSPC 51
Parties
Crown: Her Majesty the Queen; Defendant: Meridian Construction Inc.; Defendant: Donald London
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 October 2004
Procedural Posture
Criminal Occupational Health and Safety Act / Trial Judgment (written Decision)
Outcome
Meridian Construction Inc. convicted on Count 1 (failure to ensure fall protection at skylight openings); acquitted on Count 2 (mezzanine guardrails) and Count 3 (particularized failures not fully proven). Donald London convicted on Count 1; acquitted on Count 2.
Legal Topics
Fall Protection, Guardrails, Duty of Constructor, Due Diligence, Internal Responsibility System, Site Inspections, Reporting Systems
Source Language
English
Occupational Health and Safety Criminal Law Regulatory Offences Workplace Safety Fall Protection Guardrails Duty of Constructor Due Diligence +3 more

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Parties

Her Majesty the Queen

Crown

Meridian Construction Inc.

Defendant

Donald London

Defendant

Procedural Posture

Criminal Occupational Health and Safety Act / Trial Judgment (written Decision)

Legal Issues

  1. 1 Whether defendants failed to take every reasonable precaution to ensure fall protection at the skylight openings
  2. 2 Whether guardrails were required at the second floor mezzanine and whether that area qualified as a "work area" under the Regulations
  3. 3 Whether Meridian Construction Inc. failed to take corrective action for hazards identified by workers including snow/ice, insufficient lighting, unguarded edges, unsecured skylights and lack of fall protection

Ratio Decidendi

Defendants had actual notice or constructive responsibility for the unsecured skylight openings and failed to take immediate, reasonable corrective action after being informed; therefore both Meridian Construction Inc. and Donald London breached s.15(d)/s.17(1) and are guilty on Count 1. The mezzanine was not a "work area" under the Regulations so guardrails were not required and defendants are not guilty on Count 2. Count 3 failed because the Crown did not prove all particularized failings beyond a reasonable doubt.

Court Disposition

Meridian Construction Inc. convicted on Count 1 (failure to ensure fall protection at skylight openings); acquitted on Count 2 (mezzanine guardrails) and Count 3 (particularized failures not fully proven). Donald London convicted on Count 1; acquitted on Count 2.

Orders

  • Meridian Construction Inc. found guilty on Count 1 of the Information
  • Meridian Construction Inc. found not guilty on Counts 2 and 3 of the Information