The corporate defendant, operator of a short-term rental property, was charged under the Technical Standards and Safety Act after a natural gas pool heater leaked carbon monoxide, injuring three children.
The court found the offence to be one of strict liability and that the prosecution had proven the actus reus beyond a reasonable doubt.
However, the court acquitted the defendant, finding it had established a defence of due diligence.
The defendant had reasonably relied on a licensed gas technician who failed to identify the safety hazards during an inspection six months prior to the incident.
