R. v. Leil (A.W.) Cranes & Equipment (1986) Ltd., (2003) 223 N.S.R.(2d) 225 (PC)

• Judge: Tufts, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: December 12, 2002
• Jurisdiction: Nova Scotia
• Citations: (2003), 223 N.S.R.(2d) 225 (PC);2003 NSPC 61

R. v. Leil Cranes & Equipment (2003), 223 N.S.R.(2d) 225 (PC);

 705 A.P.R. 225

MLB headnote and full text

Temp. Cite: [2004] N.S.R.(2d) TBEd. AP.031

Her Majesty the Queen v. A.W. Leil Cranes & Equipment (1986) Limited

(1002471; 1012473; 1002474; 2003 NSPC 61)

Indexed As: R. v. Leil (A.W.) Cranes & Equipment (1986) Ltd.

Nova Scotia Provincial Court

Tufts, P.C.J.

May 16, 2003.

Summary:

A company provided crane services for an inspection of an apartment complex. During the lift, the crane tipped over and three men in a basket on the end of the boom were injured.

The Nova Scotia Provincial Court, in a decision reported at 223 N.S.R.(2d) 203; 705 A.P.R. 203, convicted the company of failing to provide information necessary for the crane operator to determine the safe operating capacity of the crane (count one); failing to supervise the crane operator (count three); and failing to ensure that the crane was not loaded beyond its safe capacity (count four). The court acquitted the company on a charge of using a crane supported work platform, the design of which was not certified by a professional engineer (count two).

The Nova Scotia Provincial Court entered a stay in respect to count four on the ground that counts one and three included the facts that constituted the finding on count four. The court imposed a fine of $2,000 for count one and $10,000 for count three and a victim surcharge of $1,800. The court ordered the company to contribute $13,000 to the public education trust fund pursuant to s. 75(1) of the Occupational Health and Safety Act.

Trade Regulation - Topic 7919

Industrial safety - Particular offences - Sentences - Failure to provide information, instruction, training or supervision - A company provided crane services for an inspection of an apartment complex - During the lift, the operator exceeded the safe threshold operating radius and the crane tipped over - Three men in a basket on the end of the boom were injured - The company was convicted of failing to provide information necessary for the crane operator to determine the safe operating capacity of the crane (count one) and failing to supervise the crane operator (count three) - No one died in the accident, but the potential existed - The Nova Scotia Provincial Court imposed a fine of $2,000 for count one and $10,000 for count three - The court ordered the company to contribute $13,000 to the public education trust fund pursuant to s. 75(1) of the Occupational Health and Safety Act.

Cases Noticed:

R. v. Cotton Felts Ltd. (1982), 2 C.C.C.(3d) 287 (Ont. C.A.), refd to. [para. 7].

R. v. Manchester Plastics (1989), 1 C.O.H.S.C. 3 (Ont. Dist. Ct.), supplementary reasons (1990), 2 C.O.H.S.C. 154 (Ont. Dist. Ct.), refd to. [para. 8].

R. v. Halifax Water Commission (1993), 120 N.S.R.(2d) 398; 332 A.P.R. 398 (Prov. Ct.), refd to. [para. 12].

Counsel:

R. Woodburn, for the Crown;

Duncan Beveridge, Q.C., for the defendant.

This matter was heard on October 21 to 24 and December 12, 2002, in Halifax, Nova Scotia, before Tufts, P.C.J., of the Nova Scotia Provincial Court, who delivered the following decision orally on May 16, 2003.