R. v. Della Valle

R. v. Della Valle

Having received a credible asbestos report and specific precautionary recommendations, the accused failed to notify his director, the JOHSC, employees and contractors and did not follow up to ensure recommended measures were implemented; a reasonably prudent OHS coordinator would have taken those steps, the Crown proved the failure to take every reasonable precaution under s.17 beyond a reasonable doubt, and the accused did not establish due diligence on the balance of probabilities; guilty entered.

Citation
2011 NSPC 67
Parties
Crown: Her Majesty the Queen; Accused: James Edward Della Valle
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 September 2011
Procedural Posture
Criminal Regulatory (occupational Health and Safety) / Trial Judgment
Outcome
Guilty
Legal Topics
S.17 OHS Act, Due Diligence Defence, General Duty Offence, Asbestos Risk Management
Source Language
English
Occupational Health and Safety Regulatory/criminal Law S.17 OHS Act Due Diligence Defence General Duty Offence Asbestos Risk Management

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Parties

Her Majesty the Queen

Crown

James Edward Della Valle

Accused

Procedural Posture

Criminal Regulatory (occupational Health and Safety) / Trial Judgment

Legal Issues

  1. 1 Whether the accused failed to take every reasonable precaution under s.17 of the OHS Act after receiving credible evidence of asbestos-containing vermiculite
  2. 2 Whether the Crown proved the actus reus beyond a reasonable doubt for a general duty offence
  3. 3 Whether the accused established the due diligence defence on a balance of probabilities

Ratio Decidendi

Having received a credible asbestos report and specific precautionary recommendations, the accused failed to notify his director, the JOHSC, employees and contractors and did not follow up to ensure recommended measures were implemented; a reasonably prudent OHS coordinator would have taken those steps, the Crown proved the failure to take every reasonable precaution under s.17 beyond a reasonable doubt, and the accused did not establish due diligence on the balance of probabilities; guilty entered.

Court Disposition

Guilty

Orders

  • Found guilty of the offence contrary to s.17 of the Occupational Health and Safety Act (Nova Scotia)