The corporate defendant appealed its convictions under the Occupational Health and Safety Act, arguing it was not the 'employer' of a common carrier's driver who was injured on its site.
The Crown appealed the provincial offences appeal judge's decision to remit the defendant's s. 11(b) Charter delay motion for a rehearing.
The Court of Appeal dismissed the defendant's appeal, finding it was an employer because it controlled the workplace.
The Court allowed the Crown's appeal, holding that a corporate defendant cannot rely on presumed prejudice for s. 11(b) delay and must show actual prejudice to its fair trial rights, which it failed to do.
