The appellant elevator maintenance contractor appealed convictions under the Technical Standards and Safety Act, 2000 and Ontario Regulation 209/01 arising from an elevator failure that injured several individuals.
The trial judge convicted the appellant on several strict liability offences relating to inspection failures, unsafe operation of an elevating device, and failure to maintain proper log books, and imposed substantial fines.
On appeal under the Provincial Offences Act, the appellant argued jurisdictional error due to a lost original Information, misinterpretation of regulatory obligations, improper application of the Kienapple principle, and an excessive sentence.
The Superior Court held that reliance on a duplicate Information did not deprive the court of jurisdiction, that the evidence supported the convictions, and that the trial judge properly rejected the due diligence defence.
The court also found no error in the refusal to stay certain counts or in the quantum of the fines.
