Recently we posted an update of this case describing the appeal
decision in R. v. XI Technologies Inc., 2012 ABQB 549. The appeal
court overturned the two "not guilty" verdicts of the
trial judge in relation to the fatal incident involving a
"calf roping machine" at a Stampede Week party event,
held at a hotel. A young software developer who was helping to
operate the machine was struck in the head by a steel lever and
later died from the injuries.
The employer was charged with two offences under the Alberta
Occupational Health and Safety Act for failing to ensure, as far as
it was reasonably practicable to do so, the health and safety of
the worker and for failing to ensure that all equipment used at the
work site would safely perform the function for which it was
intended or designed.
On the evidence, the trial judge found that the employer had
raised a successful due diligence defence and found the employer
"not guilty" of the charges. The Crown appealed and the
verdicts were overturned. The appeal court disagreed and found that
on the evidence, due diligence on the part of the employer could
not be established.
The employer is now asking that Alberta's highest court
consider this case and clarify the law as to the defence of due
diligence. The application for leave to appeal is scheduled to be
heard by the Alberta Court of Appeal on November 22nd.
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Ten days following the election, join us for a discussion with Gary Doer, former Canadian Ambassador to the US, and Gordon Giffin, US Ambassador to Canada under Bill Clinton, to discuss how the new President and Congressional makeup will shape US-Canada relations for years to come.
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