Radar's Rentals owned a mechanical calf-roping ride and
supplied it to XI Technologies Inc. for a company event during the
Calgary Stampede. An employee of XI Technologies Inc. was fatally
injured while operating the ride and the owners of the equipment
and supplies was charged for violating section 2(4) of the
Occupational Health and Safety Act.
Section 2(4) of the OH&S Act is a general provision which
requires suppliers to comply with the provisions of the OH&S
Act, Regulations and Code. The offence alleged was that Radar's
Rentals failed, pursuant to section 12(1)(b) of the Regulations to
ensure that equipment they supplied would safely perform the
function for which it was intended or designed.
However, section 12(1) of the Regulations specifically imposes
duties upon an employer in relation to the equipment. The charge,
incorporating as it does the particulars which refer to duties upon
employers, does not disclose an offence known to the law against a
supplier. The obligation to provide equipment in a safe operating
condition is placed upon the supplier under section 2(3) of the
OH&S Act. Radar's Rentals was not, however, charged with
violating that provision.
Because the charge was incorrect, the court quashed the charge
filed and could not substitute the correct charge. The Crown
Prosecutor's office was out of time to recharge the supplier
with violating section 2(3) of the OH&S Act.
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).