Defenses (Fire Code Violations)

Reasonable Care and Due Diligence

R. v. 555034 Ontario Limited, 2013 ONCJ 20 (CanLII)

23. “Reasonable care and due diligence do not mean superhuman efforts. They mean a high standard of awareness and decisive, prompt, and continuing action. To demand more, would, in my view, move a strict liability offence dangerously close to one of absolute liability.” See: R. v. Courtaulds Fibres Canada (1992) 76 C.C.C. (3d) 68 (Ont. Prov. Div.).

24. The level of diligence required in any particular case is largely hinged on the foreseeability and extent of the potential harm that may be caused by an act or omission relative to the responsibility for compliance with the legislation at hand. “The greater the potential for substantial injury, the greater the degree of care required.” See: R. v. Placer Developments Ltd. (1983), 13 C.E.L.R. 42 (Yuk. T.C.). Needless to say, the potential for death, injury and destruction in the event of a fire in a residential building is immeasurable.