Alexandra Bednar

Four defendants—two corporations and two individuals—were charged with twelve counts of offences under the Occupational Health and Safety Act arising from a fatal accident on May 12, 2008, at a condominium construction site in Toronto.

A piece of cast iron pipe fell from the 23rd floor and struck a senior supervisor, Emilio Piccinin, causing his death.

A former co-defendant, Maple Leaf Structural Ltd., pleaded guilty to one charge.

The remaining defendants pleaded not guilty and proceeded to trial.

The court found that while Maple Leaf bore primary responsibility for the accident, the remaining defendants exercised due diligence and did not breach their statutory duties under the Construction Projects Regulation.

All charges against the remaining defendants were dismissed.

The Crown prosecuted Hernder Farms Limited and its director Gottfried Hernder under the Ontario Water Resources Act for operating an unapproved sewage system and discharging raw sewage into a tributary of Richardson's Creek.

The defendants installed a holding tank and leaching bed system without obtaining required approval from the Ministry of the Environment.

In June 2008, a crack in the pipe caused effluent to percolate to the ground surface and flow into the watercourse, causing visible discoloration.

The court found the defendants guilty of all charges, rejecting the defence arguments that approval had been granted, that the discharge was de minimus, and that the defendant exercised due diligence in operating the system.