R. v. R.D. Longard Services Ltd.

R. v. R.D. Longard Services Ltd.

The court admitted the hearsay statements attributed to Boyle under the principled exception because necessity (Boyle deceased) and threshold reliability were satisfied on the evidence; the white binder was admissible not as unauthenticated hearsay but as the identified safety manual of which Boyle was the preparer based on circumstantial and contextual evidence; the Hazard Assessment logbook was authenticated by a witness' signatures and admitted; the two smaller notebooks were admissible as items found with the others and reasonably attributable to Boyle though of limited evidentiary weight.

Citation
2015 NSPC 12
Parties
Crown: Her Majesty the Queen; Defendant: R.D. Longard Services Limited
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 February 2015
Procedural Posture
Criminal (occupational Health and Safety) / Trial (voir Dire on Admissibility)
Outcome
Defendant's application granted; the white binder (Safety Manual), the Hazard Assessment logbook, and the two notebooks admitted into evidence.
Legal Topics
Admissibility of Documents, Hearsay and Principled Exception (khelawon), Authentication/identification of Documents, Business Records, Due Diligence Defence
Source Language
English
Criminal Law Evidence Occupational Health and Safety Law Administrative/regulatory Enforcement Admissibility of Documents Hearsay and Principled Exception (khelawon) Authentication/identification of Documents Business Records +1 more

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Parties

Her Majesty the Queen

Crown

R.D. Longard Services Limited

Defendant

Procedural Posture

Criminal (occupational Health and Safety) / Trial (voir Dire on Admissibility)

Legal Issues

  1. 1 Whether statements attributed to deceased employee (Chris Boyle) are admissible for their truth
  2. 2 Whether the white binder found in the company van is the safety manual Boyle was preparing and thus admissible
  3. 3 Whether the Hazard Assessment logbook and two notebooks found in the van are admissible and authenticated

Ratio Decidendi

The court admitted the hearsay statements attributed to Boyle under the principled exception because necessity (Boyle deceased) and threshold reliability were satisfied on the evidence; the white binder was admissible not as unauthenticated hearsay but as the identified safety manual of which Boyle was the preparer based on circumstantial and contextual evidence; the Hazard Assessment logbook was authenticated by a witness' signatures and admitted; the two smaller notebooks were admissible as items found with the others and reasonably attributable to Boyle though of limited evidentiary weight.

Court Disposition

Defendant's application granted; the white binder (Safety Manual), the Hazard Assessment logbook, and the two notebooks admitted into evidence.

Orders

  • Admit into evidence the white binder titled 'Principles of Loss Control SAFETY MANUAL' as the safety manual prepared by Chris Boyle
  • Admit into evidence the NSCSA Hazard Assessment logbook relating to the Cogswell Tower job