False Inspection Report Could Result In Criminal Negligence Charges
Mechanics and home inspectors beware! Recently, the Ontario Court of Appeal ruled that a mechanic who issued a false safety standard certificate (SSC) could be charged with criminal negligence causing death following a fatal collision involving the inspected vehicle. Additionally, the charges could be laid even though the driver of the inspected vehicle was negligently driving and was also charged with criminal negligence causing death. This ruling has significant implications for inspectors including mechanics and home inspectors who certify the road-worthiness of vehicles and the safety of buildings or potentially dangerous items.
The case before the Court of Appeal involved charges of criminal negligence causing death against a mechanic who had issued a SSC to facilitate the sale of a vehicle. One month, and approximately 1957 km, after the issuance of the SSC the vehicle was involved in a fatal accident. The driver lost control of the vehicle while passing another vehicle at a high speed. The vehicle began to fishtail in a "grand and exaggerated" manner and collided with an oncoming vehicle causing the death of its driver.
The mechanic, who had not conducted an inspection but had merely issued a SSC was charged with both criminal negligence causing death and issuing a false document. The driver of the vehicle was also charged with criminal negligence causing death. At trial, the judge dismissed the criminal negligence charges and allowed only the charges of issuing a false document to proceed. The Crown appealed.
The Court of Appeal ruled that there was evidence on which the driver could be found guilty of criminal negligence causing death that could lead a jury to rule the mechanic was guilty of being a contributing cause of the death and sent the matter back for trial.
What is significant about this case is that the Court of Appeal's ruling allows for the potential that their could be more than one cause of death. In the case, both the driver and the mechanic were potentially guilty of causing the death even though they acted at separate times and in very distinct ways. Effectively, the Court ruled that there can be multiple causes of death. What is necessary is that the action, or omission, is a significant contribution to the cause of death. In other words, it is not only the most proximate or most immediate cause of death that is subject to criminal charges.
As stated, the case has implications for anyone conducting and issuing safety inspections including mechanics or home inspectors.
The Lesson: Obviously, conduct the inspection before issuing any safety certificate and communicate any potential problems with respect to the same. Any inspection report should include areas that were not inspected.
R v Ramono, 2015 ONCA 685 https://www.canlii.org/en/on/onca/doc/2015/2015onca685/2015onca685.pdf
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