The Rural Voice, 1999-07, Page 40offence charged includes an element
of "permitting" the impugned
conduct, Canadian courts have
recognized a "due diligence"
defence relieving a party of liability
where the party can demonstrate
absence of negligence. While such a
defence is not available in the case
of an absolute liability regulatory
offence, licensed registrants and
their tenants may successfully avoid
liability for employee conduct
contrary to their instructions and
without their knowledge.0
Agrilaw is a syndicated column
produced by the full service London
law firnr of Cohen Highley Vogel &
Dawson. Paul G. Vogel, a partner in
the firm, practises in the area of
commercial litigation and
environmental law. Agrilaw is
intended to provide information to
farmers on subjects of interest and
importance. The opinions expressed
are not intended as legal advice.
Before acting on any information
contained in Agrilaw, readers should
obtain legal advice with respect to
their own particular circumstances.
u
11
11
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JULY 1999 37