Robert Molina

This is a trial decision on a voir dire regarding the admissibility of expert evidence in a prosecution under the Occupational Health and Safety Act arising from a stage collapse at a concert venue that resulted in a fatality.

The defendant Live Nation Canada Inc. challenged the qualification of two Ministry of Labour engineers to provide expert opinion evidence on the cause of the stage collapse.

The court found that both experts met the threshold requirement to testify, applying the test established in White Burgess v. Abbott and Haliburton Co. The court rejected arguments that the experts' involvement in the investigation, their employment relationship with the Ministry of Labour, and their participation in interviews with defendants undermined their independence and impartiality.

The accused, a project supervisor for a construction company, was charged with criminal negligence causing death and criminal negligence causing bodily harm following the collapse of a swing stage on December 24, 2009, at a Toronto construction site.

Five workers fell 13 stories to their deaths, one suffered debilitating injuries, and one survived because he was tied to a lifeline.

The court found sufficient evidence to commit the accused for trial based primarily on his failure to ensure that workers were properly tied to lifelines while working on the suspended platform, despite clear regulatory requirements and training standards.