Association of Architects (N.S.) v. Roscoe Construction Ltd., (1992) 114 N.S.R.(2d) 445 (ProvCt)

• Judge: Crowell, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: November 27, 1991
• Jurisdiction: Nova Scotia
• Citations: (1992), 114 N.S.R.(2d) 445 (ProvCt)

Architects Assoc. v. Roscoe (1992), 114 N.S.R.(2d) 445 (ProvCt);

  313 A.P.R. 445

MLB headnote and full text

Nova Scotia Association of Architects v. Roscoe Construction Limited

Indexed As: Association of Architects (N.S.) v. Roscoe Construction Ltd.

Nova Scotia Provincial Court

Crowell, P.C.J.

January 22, 1992.

Summary:

A construction company was charged with unlawfully practising architecture and with erecting, altering or enlarging a building (where the value of the work exceeded $50,000) which had not been designed by an architect, contrary to ss. 41 and 45(1), re­spectively, of the Nova Scotia Architects Act.

The Nova Scotia Provincial Court dis­missed the charges.

Building Contracts - Topic 5008

Architects and engineers - General prin­ciples - Illegal practice - [See Pro­fes­sional Occupations - Topic 3407 ].

Criminal Law - Topic 4560

Procedure - Trial - Motions - Motion for a directed verdict - The Nova Scotia Provincial Court stated that "[t]he sub­mission that there is no case to answer may properly be made and upheld when there has been no evidence to prove an essential element in the alleged offence or when the evidence addressed by the pros­ecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict. On a motion for a directed verdict the court should apply the same test as on a preliminary inquiry and further should only weigh the evidence if it is circumstantial" - See paragraph 12.

Professional Occupations - Topic 3406

Architects - General - Membership or licence requirement - [See Professional Occupations - Topic 3407 ].

Professional Occupations - Topic 3407

Architects - General - Licensed architect - When required - A corporation, intend­ing to erect an addition to their facility, contacted a construction company - The company's plans, which did not have the required architectural seals, were approved and building permits were issued - After construction commenced, the company was charged with unlawfully practising archi­tecture and erecting, altering or enlarging a building (where the value of the work exceeded $60,000) which had not been designed by an architect - The Nova Scotia Provincial Court dismissed the charges.

Cases Noticed:

R. v. Moore (1985), 67 N.S.R.(2d) 241; 155 A.P.R. 241, refd to. [para. 26].

Statutes Noticed:

Architects Act, R.S.N.S. 1989, c. 21, sect. 41, sect. 42 [para. 17]; sect. 45(1) [para. 18].

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b), sect. 24 [para. 2].

Criminal Code, R.S.C. 1985, c. C-46, sect. 601 [para. 13]; sect. 841(3) [para. 27].

Counsel:

Janet Chisholm, for the Crown;

Michael Coyle, for the defence.

This action was heard on November 27, 1991, at Kentville, Nova Scotia, before Crowell, P.C.J., of the Nova Scotia Provin­cial Court, who delivered the following judgment dated January 22, 1992.