The Regional Municipality of Halton appealed a lower court decision that found a restaurant owner not guilty of violating the Health Protection and Promotion Act for improper food temperature.
The central issue was whether the offence was one of strict or absolute liability, and if the due diligence defence was correctly applied.
The court affirmed the lower court's finding that the offence was one of strict liability, not absolute liability, and upheld the finding that the restaurant owner had exercised due diligence in addressing the refrigerator malfunction.
The appeal was dismissed.
