ARTICLE · 11 JULY 2018

OHSA Charges In Fatality Case Dismissed For Delay. Crown Did Not Have "Concrete Plan" To Move Case Along

Dentons Canada LLP

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An Ontario appeal judge has upheld the dismissal of Occupational Health and Safety Act charges against employees due to delay.

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An Ontario appeal judge has upheld the dismissal of Occupational Health and Safety Act charges against employees due to delay.

The charges resulted from the death of a mining employee from cyanide intoxication by way of skin absorption. The company itself had pleaded guilty to criminal negligence charges, after which all fifteen OHSA charges against the company were withdrawn. Criminal charges against one of the employees were withdrawn at the same time.

The total delay in this case, from the laying of the charges until the last day scheduled for trial, was 21 months, which exceeded the 18-month presumptive delay ceiling set out by the Supreme Court of Canada in the Jordan case.

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