The Court of Appeal for Ontario granted leave to appeal on three issues arising from the acquittal of Luis Benevides, a worker charged under the Occupational Health and Safety Act after a workplace accident.
The case addresses the proper application of the directed verdict test, the determination of worker responsibility under the Act, and the use of private business contracts in defining statutory obligations.
The court declined to grant leave on the issue of whether the trial justice erred by considering due diligence and foreseeability at the directed verdict stage.
