As is often the case in regulatory prosecutions, the charges sounded straightforward on paper. But trials are not decided on paper.
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Charges Stayed
The old “accident as prima facie breach” approach to the Crown proving the actus reus continues to rear its head. Until we finally put it to bed, that is.
The principle of “joint and several” liability means that multiple work site parties can be liable for the same incident. But it doesn’t mean they will be.
When is a loss not a loss? The answer, of course, is when it results in a win!
The principle of “joint and several” liability means that multiple work site parties can be liable for the same workplace incident. But it doesn’t mean they will be.