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Trial judge erred in dismissing overlapping occupational health and safety charges as duplicitous; new trial ordered.
The Crown appealed the dismissal of three counts under the Occupational Health and Safety Act against a general contractor and a subcontractor following a workplace fatality.
The trial judge had dismissed the counts on the basis that they were duplicitous and failed to disclose an offence.
The Court of Appeal allowed the appeal, finding that the trial judge confused overlapping counts with duplicitous ones, and erred in collapsing the information.
A new trial was ordered on the dismissed counts.
