The Ontario Court of Justice dismissed a motion for particulars brought by The Econo-Rack Group Inc. (Konstant Manufacturing) in a prosecution under the Occupational Health and Safety Act (OHSA).
The Applicant sought particulars regarding the alleged offence under section 45(b) of Ontario Regulation 851, arguing that without such particulars they could not adequately prepare a due diligence defence.
The Court held that the charge as drafted, combined with disclosure, the Crown’s opening statement, and the Inspector’s investigative report, provided sufficient detail to ensure a fair trial.
The Court emphasized that particulars concerning the cause of the accident or the means by which the offence was committed are not required under the Provincial Offences Act and that the focus is on the employer’s failure to uphold prescribed safety measures, not on causation narrowly defined.
