Avenue Building Corporation was charged under the Occupational Health and Safety Act with failing to ensure that equipment being moved was moved in a manner that did not endanger a worker, following an incident where an employee broke his leg when a 4x4 he was using to move a wall form broke.
The trial judge found the corporation guilty, concluding that the corporation failed to exercise due diligence by allowing workers discretion in tool selection without adequate training and supervision, and by failing to include written procedures for moving wall forms.
On appeal, the appellate court found that the trial judge misapprehended the specific charge and failed to properly apply the due diligence analysis to the correct actus reus, warranting a new trial.
