When the act prescribes that a legal entity or a toronto criminal defence lawyer note that it is also responsible when:
the managing authority passes an unlawful decision or an order enabling the commission of a misdemeanor or a responsible person orders the driver to commit a misdemeanor (for example, ordering the transfer of construction material to a certain place, although it is known that the vehicle of a legal entity or another owner used for this purpose is not correctly or cannot withstand a heavy load or is not yet registered for use in traffic),
a physical person commits a misdemeanor due to the failure of the responsible person to supervise or control him (for example, the driver arbitrarily takes a vehicle for some purposes without having a permit to use the vehicle; no travel order for the use of a vehicle for official purposes; no control over the driving park, i.e. using vehicles by responsible persons for these actions).
The legal entity is responsible, under the above conditions, for the actions of its or engaged drivers and in situations where:
the proceedings have been suspended or exempted from the responsible person (if the work is not a misdemeanor, if it has not been proven that he has directly participated in the commission of an offense and if there are circumstances that exclude his liability).
For example, the responsible person did not issue a warrant for the use of vehicles, did not approve the use of the vehicle for certain purposes, was abroad, on vacation, on treatment, or did not work at all for these or other reasons at the time of the violation, so there is no knowledge of the activities. In these cases, the act prescribes the possibility of establishing a person actually responsible.
there are legal or factual obstacles to determining the responsible person or cannot be determined who is a really responsible person (e.g. who signed and issued a travel order). In practice, such a problem usually occurs when a responsible person is dismissed or this person does not give more tasks to the employees, but is still registered in the registry as the only responsible person, for example, disciplinary proceedings have been suspended or prosecuted.
The liability of a natural person (driver) or responsible person in a legal entity for a misdemeanor, economic offense or criminal offense does not exclude the liability of a legal entity.
This clearly affirms that all natural persons who participate in legal transactions and traffic on behalf of a legal entity have individual responsibility, and the legal entity is responsible as a legal entity whose persons in various jobs have missed some kind of control or supervision for the actions and actions of their drivers.
For example, if a driver is persistently doing the same or different offenses, a legal person must take some measures against such a person (disciplinary procedure, termination of employment, assignment to another position and other legal measures).
