Frank Crewe

The applicants, a natural gas utility and a locator company, sought leave to appeal a Superior Court decision that ordered a new trial on charges under the Occupational Health and Safety Act and the Technical Standards and Safety Act.

The charges arose from a fatal natural gas explosion caused when an excavator struck an unmarked pipeline.

The Court of Appeal dismissed the application for leave to appeal, finding that the proposed grounds of appeal did not raise questions of law alone that were essential in the public interest or for the due administration of justice under section 131 of the Provincial Offences Act.

The appellant was convicted of three counts of sexual assault involving employees of his business.

He appealed the convictions, arguing the trial judge erred in failing to give a limiting instruction on similar act evidence, misdirected the jury on the exercise of authority vitiating consent under s. 265(3)(d) of the Criminal Code, and that the Crown made improper comments during closing arguments regarding jury selection.

The Court of Appeal agreed with all three grounds, finding the errors prejudicial.

The appeal was allowed, the convictions were set aside, and a new trial was ordered.