Court Reinstates OHS Charges Dismissed Against Contractor & Subcontractor


A supervisor was killed on a construction site when part of a wood frame holding a pipe in place broke off and hit him in the head. At trial, the court dismissed three charges against the general contractor and a subcontractor. But the appeals court reinstated those charges. Although these charges may overlap with others, they weren’t “duplicitous.” In addition, the charges weren’t vague or ambiguous. In fact, neither defendant asked for more information or claimed that the charges failed to disclose an offence. The trial court dismissed them on his own initiative. So the appeals court ordered a new trial on those charges [Ontario (Labour) v. Black & McDonald Ltd., [2011] ONCA 440 (CanLII), June 9, 2011].