Nova Scotia (Occupational Health and Safety) v. DJ Excavation Inc.
The Court held the Labour Board acted reasonably in interpreting s.166(6), did not impose a probability standard for 'may', did not reverse the onus of proof, and properly set aside the Compliance Order because the evidence did not support even a plausible possibility that the excavation had destabilized the crane.
Source excerpt
- Compliance orders
- Statutory interpretation
- Standard of review
- Onus of proof
- Administrative penalties