In the case of a tragic workplace fatality, a Nova Scotia
employer was acquitted of Occupational Health and Safety
("OHS") Criminal Negligence in the province where the
Westray mine disaster took place over fifteen years ago.[1] The
accused owner of an auto body shop was charged with criminal
negligence causing death. A mechanic employed at the auto body
shop attempted to remove a vehicle's gasoline tank with an
acetylene torch. A fire ensued and the worker sustained burns
to ninety per cent of his body. He died the next day. At
the time of the fire, the accused owner of the auto body shop was
working in the office of the garage.
The court heard the testimony of eleven prosecution
witnesses. It also provided lengthy reasons, even though the
trial started in the Nova Scotia Supreme Court as a trial by judge
and jury. The jury was discharged after one of the
prosecutors, Mr. Keaveny was the subject of controversy about
his use of social media to investigate prospective
