R.D. Simmons

The appellant, Rassaun Steel & Mfg.

Co. Ltd., appealed its conviction under section 25(2)(h) of the Occupational Health & Safety Act for failing to ensure that an overhead duct system was adequately supported while it was being demolished or dismantled.

During equipment removal work at a foundry, a large section of ductwork fell onto a worker, causing serious injuries.

The trial court convicted the appellant, but the appellate court found that the conviction was based on findings unsupported by evidence, including that the ductwork was being dismantled or demolished, that the accident was foreseeable, and that lack of training contributed to the incident.

The appeal was allowed and an acquittal was entered.

The Crown sought leave to file a Notice of Cross-Appeal challenging a conviction under subsection 25(2)(h) of the Occupational Health & Safety Act, filed approximately 18 days beyond the limitation period.

The respondent had appealed the conviction within the allowable time.

The court applied the three-factor test from R. v. Menear to determine whether to grant the extension of time.

The Crown failed to demonstrate a bona fide intention to appeal within the appeal period and provided no reasonable explanation for the delay.

While the proposed appeal had some merit regarding the interpretation of regulatory terms, the court found that granting leave would not be in the interests of justice, particularly given that the Crown's decision to appeal appeared reactive to the respondent's appeal rather than based on independent concerns about the trial decision.