An inspector’s alleged statement that, “our branch is different up here. I know in southern Ontario they fine, fine, fine. But we don’t do that here” was not a promise that he wouldn’t lay charges under the Occupational Health and Safety Act, a justice of the peace has decided.
The employer was charged with two offences under the Occupational Health and Safety Act. It asked the court to throw out the charges for “abuse of process” because the Ministry of Labour inspector had not kept his promise that he wouldn’t lay charges.
The justice of the peace decided that the inspector “might just as easily have been saying, ‘We don’t jump to conclusions the first day, before we do a complete investigation.’” Given that there had been a serious injury, it was virtually predetermined that there would be an investigation, and the employer should not have expected otherwise. The inspector had not intended to put the employer at ease and then “pounce” on him. There was no abuse of process. The charges could proceed.
Ontario (Ministry of Labour) v. 1467344 Ontario Limited, 2013 ONCJ 588 (CanLII)