The defendant, a construction company, was charged under the Occupational Health and Safety Act with failing to ensure that a temporary wooden brace used in a winch system was designed and constructed to support or resist all loads and forces to which it was likely to be subjected.
The charge arose from a fatal construction accident in which a worker died when the wooden brace failed.
The court found that the Crown failed to prove beyond a reasonable doubt that the wooden brace was inadequately designed and constructed for the likely forces it would encounter, given its intended use for achieving alignment rather than applying maximum force.
The court also found that the defendant exercised due diligence by relying on manufacturer instructions and industry standards.
The defendant was acquitted.
