R. v. Longard (R.D.) Services Ltd., (2015) 361 N.S.R.(2d) 121 (PC)

• Judge: Derrick, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 26, 2015
• Jurisdiction: Nova Scotia
• Citations: (2015), 361 N.S.R.(2d) 121 (PC);2015 NSPC 35

R. v. Longard Services Ltd. (2015), 361 N.S.R.(2d) 121 (PC);

    1137 A.P.R. 121

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. JN.020

Her Majesty the Queen v. R.D. Longard Services Limited

(2690136; 2690137; 2015 NSPC 35)

Indexed As: R. v. Longard (R.D.) Services Ltd.

Nova Scotia Provincial Court

Derrick, P.C.J.

June 12, 2015.

Summary:

An electrician employed by Longard (R.D.) Services Ltd. was electrocuted and died while working at a job site. Longard was charged under s. 74(1) of the Occupational Health and Safety Act with (1) failing to take every precaution reasonable in the circumstances to provide such information, instruction or supervision as necessary to the health and safety of an employee at the workplace; and (2) failing to ensure that an electrical installation was serviced, repaired or dismantled in accordance with the Canadian Electrical Code.

The Nova Scotia Provincial Court, in a decision reported at (2015), 358 N.S.R.(2d) 202; 1131 A.P.R. 202, found Longard guilty of both offences.

The Nova Scotia Provincial Court ordered Longard to pay a fine of $35,000 and a victim surcharge of $5,250. Longard was also ordered to perform 150 hours of community service within 18 months by making a series of presentations on the facts of the case, the applicable regulatory requirements, the workplace safety issues involved, and the required due diligence.

Editor's Note: For preliminary decisions involving this matter, see (2014), 353 N.S.R.(2d) 329; 1115 A.P.R. 329, [2015] N.S.R.(2d) Uned. 46, and (2015), 355 N.S.R.(2d) 197; 1123 A.P.R. 197.

Trade Regulation - Topic 7907

Industrial safety - Particular offences - Sentences - Failure to comply with Regulations under health and safety legislation - [See Trade Regulation - Topic 7919 ].

Trade Regulation - Topic 7908

Industrial safety - Particular offences - Sentences - Fines - [See Trade Regulation - Topic 7919 ].

Trade Regulation - Topic 7919

Industrial safety - Particular offences - Sentences - Failure to provide information, instruction, training or supervision - An electrician (Boyle) employed by Longard (R.D.) Services Ltd. was electrocuted and died while working at a job site - Pursuant to the Occupational Health and Safety Act, Longard was found guilty of failing to take every precaution reasonable in the circumstances to provide such information, instruction or supervision as necessary to the health and safety of an employee at the workplace, and failing to ensure that an electrical installation was serviced, repaired or dismantled in accordance with the Canadian Electrical Code - Although the evidence did not establish a direct connection between Longard's violation of the Act and Boyle's electrocution, Longard was convicted because it had no safety program or policies in place at the time of Boyle's death, and it provided no formal safety training for its employees - Longard took a completely hands-off approach to Boyle's work, relying exclusively on his experience and commitment to safety - Longard was a very small company and was now insolvent - The Nova Scotia Provincial Court imposed a $35,000 fine and a victim surcharge of $5,250 - Longard was also ordered to perform 150 hours of community service within 18 months by making a series of presentations on the facts of the case, the applicable regulatory requirements, the workplace safety issues involved, and the required due diligence.

Cases Noticed:

R. v. Nova Scotia Power Inc. (2008), 271 N.S.R.(2d) 341; 867 A.P.R. 341; 2008 NSPC 72, refd to. [para. 16].

R. v. New Glasgow (Town) (2008), 263 N.S.R.(2d) 390; 843 A.P.R. 390; 2008 NSPC 15, refd to. [para. 21].

R. v. Sage Well Services Ltd. (2000), 194 Sask.R. 65; 2000 SKQB 259, refd to. [para. 24].

R. v. Meridian Construction Inc. et al. (2005), 237 N.S.R.(2d) 58; 754 A.P.R. 58; 2005 NSPC 40, refd to. [para. 25].

R. v. General Scrap Iron & Metals Ltd. (2003), 322 A.R. 63; 2003 ABQB 22, refd to. [para. 26].

Ontario (Ministry of Labour) v. Cousins Packaging Inc., [2006] O.J. No. 2911 (C.J.), refd to. [para. 27].

R. v. Cotton Felts Ltd., [1982] O.J. No. 178 (C.A.), refd to. [para. 32].

R. v. Nova Scotia (Minister of Transportation and Public Works) (2003), 277 N.S.R.(2d) 11; 882 A.P.R. 11; 2003 NSSC 274, refd to. [para. 33].

R. v. Pederson (K.) (2000), 194 Sask.R. 102; 2000 SKQB 255, refd to. [para. 39].

Counsel:

Peter J. Craig, for the Crown;

Robert C. Hagell, for the defendant.

This matter was heard on May 26, 2015, before Derrick, P.C.J., of the Nova Scotia Provincial Court, who delivered the following sentencing decision on June 12, 2015.