R. v. J.D. Irving Ltd., (1978) 23 N.B.R.(2d) 16 (CA)

• Judge: Limerick, Bugold and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: August 11, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 23 N.B.R.(2d) 16 (CA)

R. v. Irving Ltd. (1978), 23 N.B.R.(2d) 16 (CA);

    23 R.N.-B.(2e) 16; 44 A.P.R. 16

MLB headnote and full text

Sommaire et texte intégral

R. v. J.D. Irving Limited

Indexed As: R. v. J.D. Irving Ltd.

Répertorié: R. v. J.D. Irving Ltd.

New Brunswick Court of Appeal

Limerick, Bugold and Ryan, JJ.A.

August 11, 1978.

Summary:

Résumé:

This headnote contains no summary.

Trade Regulation - Topic 7864

Industrial safety - Offences - Informations - Sufficiency of general charge respecting failure to comply with regulations - An employee of the accused company was injured working on a machine which had not been locked off contrary to s. 35(15) of the Regulations under the Occupational Safety Act, S.N.B. 1976, c. O-0.1 - The employee breached s. 8(1) of the Act in failing to comply with s. 35(15) of the Regulations - The accused was charged under s. 7(1) of the Act, which required all employers to comply with the Regulations - The trial judge dismissed the information on the ground that the accused should have been charged under s. 8(2) of the Act, which required every employer to ensure that its employees comply with the Regulations - The New Brunswick Court of Appeal affirmed the dismissal of the information.

Cases Noticed:

R. v. A. O. Pope Ltd. (1973), 5 N.B.R.(2d) 715, folld. [para. 17].

R. v. Guidry (1969), 1 N.B.R.(2d) 289, folld. [para. 17].

Statutes Noticed:

Occupational Safety Act, S.N.B. 1976, c. O-0.1, sect. 7(1), sect. 8 [para. 11].

Occupational Safety Act Regulations, sect. 35(15) [para. 12].

Authors and Works Noticed:

Words and Phrases (Permanent Ed.), vol. 32A, p. 158 [para. 14].

Counsel:

Barry L. Athey, for the Crown;

G.C. Thibodeau, for the respondent.

This case was heard on March 14, 1978, at Fredericton, N.B., before LIMERICK, BUGOLD and RYAN, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On August 11, 1978, BUGOLD, J.A., delivered the following judgment for the Appeal Division: