The Crown prosecuted three defendants under the Occupational Health and Safety Act following a serious workplace accident on October 15, 2008, at 45 Meadowvale Road, Toronto, where a worker fell from a roof and suffered a spinal cord injury resulting in paralysis.
The Crown charged Teisha Lootawan as a supervisor with failing to ensure protective devices and adequate fall protection, and with knowingly furnishing false information to an inspector.
J.R. Contracting Property Services Ltd. was charged as an employer with failing to ensure prescribed measures and procedures, failing to provide adequate fall protection, and failing to provide information, instruction, and supervision.
Andrew J. Haniff was charged with hindering and obstructing an inspector.
The court found that the worker was exposed to a fall of more than three metres without fall protection equipment or training.
The court determined that Lootawan acted as a supervisor with authority over workers, that J.R. Contracting was the employer despite cash-only payments and on-call arrangements, and that Haniff refused to answer lawful questions from the inspector.
All defendants were convicted on all counts.
