In December 2012, we posted a
blog outlining the Alberta Court of Queen's Bench decision
in R v. Technologies Inc. 2012 ABQB 549 in a fatal accident case
involving the use of a "calf roping" machine at a
Stampede party event hosted by XI Technologies Inc.
("XI") in 2007. A software developer who was
helping operate the machine was struck in the head by a steel lever
and later died from his injuries.
The Court of Queen's Bench overturned two "not
guilty" verdicts holding that the employer had not raised a
successful due diligence defence and that the preventative measures
which were adopted by the employer to respond to the hazard were
inadequate considering the risk such that the machine ought to have
been removed from service. XI had been granted permission
from Alberta's highest court, the Court of Appeal, to appeal
The Alberta Court of Appeal heard argument on June 13,
2013. The Decision was reserved. We expect that the
Court of Appeal's reasons will be of significant importance to
employers as we anticipate that the law in respect of the degree of
hazard analysis and identification that must be taken and the
corresponding level of precautions or preventative steps that must
be implemented will be clarified.
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
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. Specific Questions relating to
this article should be addressed directly to the author.
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.
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.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
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.
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).