Leave to appeal granted to determine if workplace procedures can substitute for machine guards.
The Ministry of Labour sought leave to appeal an acquittal of the respondent on a charge of failing to guard a machine under section 25 of the Regulations for Industrial Establishments.
The justice of the peace had acquitted the respondent, finding that workplace procedures and enhancements precluded the need for a physical guard.
The Court of Appeal granted leave to appeal, holding that whether workplace rules can substitute for a physical guard raises a question of law and that it is essential in the public interest to determine this issue.
Her Majesty the Queen in Right of Ontario (Ministry of Labour) v. Dofasco Inc., 2005 ONCA 32909
