Law360 Canada (August 23, 2024, 12:58 PM EDT) -- Appeal by Crown from sentence imposed on respondent in prosecution under Occupational Health and Safety Act (OHSA). In a workplace injury case, a 16-year-old employee’s hair became entangled in an improperly guarded machine, resulting in severe spinal injury. The respondent, owner of the restaurant, was charged with two counts under the OHSA for failing to ensure that the employee’s hair was confined and failing to ensure that the machine was properly guarded. It was established that the machine’s plastic safety guard was removed by a shift leader contrary to safety protocols. The employee received no training on machine guarding or occupational health and safety. The justice of the peace found the respondent guilty on the machine guarding count but acquitted the respondent on the hair confinement count. The Crown sought a $75,000 fine. The justice of the peace imposed a $7,500 fine. The Crown appealed the sentence to a judge of the Ontario Court of Justice (appeal court). The issues were whether the appeal court erred in law by holding that in assessing the size of a corporation and the scope of economic activity, the sentencing court might restrict its consideration to the local operation; and, by failing to address the trial court’s error by treating individual and corporate defendants as “similar offenders” when applying the sentencing principle of parity....