A guest at the appellant's resort drowned in an unattended indoor swimming pool.
A Ministry of Labour inspector ordered the resort to report the death under s. 51(1) of the Occupational Health and Safety Act, which requires reporting when a person is killed or critically injured from any cause at a workplace.
The Ontario Labour Relations Board and the Divisional Court upheld the order, finding the pool was a workplace because employees sometimes worked there.
The Court of Appeal allowed the appeal, holding that this interpretation was unreasonable as it would lead to absurd results.
The Court held that s. 51(1) requires a reasonable nexus between the hazard giving rise to the death or injury and a realistic risk to worker safety at the site.
