Brian Mackey

A worker employed by a subcontractor was electrocuted and killed while operating a Hydrovac truck near energized overhead electrical lines on a project for Ottawa Hydro.

The Ministry of Labour charged Ottawa Hydro with five counts under the Occupational Health and Safety Act and Construction Projects Regulation, alleging failures to ensure safe work procedures, designate a competent signaller, establish written procedures, and take reasonable precautions regarding electrical hazards.

The court found Ottawa Hydro guilty on counts one, two, and four, but dismissed count three and stayed count five.

The court determined that despite extensive training and safety protocols, Ottawa Hydro failed to provide adequate on-site supervision and monitoring of the subcontractor's operations in a high-risk electrical environment.

The accused was charged with careless driving under section 130 of the Highway Traffic Act and failing to remain at the scene of an accident under section 200(1)(a) of the Highway Traffic Act.

The incident occurred on March 9, 2011, on Highway 416 near the Highway 401 connection during poor winter driving conditions.

The accused's black SUV with diplomatic plates collided with a red Ford Mustang while attempting to pass.

Multiple independent witnesses testified that the accused drove too closely to the Mustang, flashed his lights to signal the driver to move lanes, and struck the vehicle while it was changing lanes.

The Mustang spun out of control and hit a guard rail.

The accused applied brakes briefly after the collision but then accelerated away at speeds up to 130 kph.

The court found the accused guilty of both charges, determining that his conduct constituted a sufficient departure from the standard of a prudent and reasonable driver and that he must have been aware of the collision given the circumstances.

A bail hearing for a youth accused of serious charges including human trafficking, forcible confinement, sexual assault, possession of child pornography, abduction of a child under fourteen, sexual exploitation, robbery, assault, and administering a drug.

The Crown sought detention on secondary and tertiary grounds.

The accused proposed release to her older sister's residence with a $2,000 bond and house arrest conditions.

The court found the Crown had shown cause for detention based on concerns regarding the strength of the case, the gravity of the offences, evidence of organized and escalating violence, and inadequacy of the proposed supervision plan.

The court detained the accused on both secondary and tertiary grounds, finding that public confidence in the administration of justice would be undermined by release.

A construction contractor was charged with two counts under the Occupational Health and Safety Act following an accident on October 28, 2009, where a worker was struck by a falling steel beam (soldier pile) that broke free from its tack weld during a vibratory hammer operation.

The first count alleged failure to ensure adequate bracing under Ontario Regulations 213/91.

The second count alleged failure to take every reasonable precaution for worker protection under section 25(2)(h) of the OHSA.

The court dismissed the first count but convicted on the second count, finding that while the multiple-pile welding method was lawful and industry-accepted, the employer failed to take reasonable precautions by positioning workers in a danger zone without proper risk assessment or safety measures.