Ronald J. Poirier

The appellant appealed a conviction and sentence related to workplace safety violations.

The Court of Appeal dismissed the appeal, finding the actus reus issue was settled by prior jurisprudence and the appellant failed to establish a due diligence defence on a balance of probabilities.

The court also found no error in law in the sentence imposed.

The applicant sought leave to appeal its conviction and $20,000 fine under the Occupational Health and Safety Act for failing to take reasonable precautions to protect a worker who was hit by a truck.

The applicant argued the lower courts erred in finding that a mandatory regulatory requirement to have a traffic protection plan made it unnecessary to assess whether such a plan was a reasonable precaution in the circumstances.

The Court of Appeal denied leave, finding that the provincial offences appeal court judge's alternative finding—that a traffic protection plan was indeed a reasonable precaution given the busy worksite—was supported by the evidence and justified applying the curative proviso.