A recent case from Nova Scotia raises some interesting points around the defence of due diligence in administrative penalty cases for health and safety cases. In the past, the Nova Scotia Labour Board attested that the penalty amount charged in a case would not necessarily be considered against the issues underlying the original compliance order, if and when the case was appealed. A Nova Scotia Court of Appeal case has clarified that the Nova Scotia Labour Board can in fact apply the defence of due diligence when considering an appeal from an administrative penalty compliance order.
For more information, read my latest post on Slaw.
Managing Editor at First Reference Inc.
Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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