D. Hamilton

The Crown prosecuted Vale Canada Ltd. and Keith Birnie following workplace deaths.

Vale Canada Ltd. pleaded guilty to three counts under occupational health and safety legislation.

The court imposed a monetary fine of $350,000 per count for a total of $1,050,000, payable within 60 days, with applicable surcharges.

The Crown withdrew remaining charges against Vale Canada Ltd. and all charges against Keith Birnie due to insufficient evidence of reasonable prospect of conviction and public interest considerations.

The sentencing emphasized workplace safety standards, deterrence, and accountability while acknowledging the tragic loss of life.

The defendant moved for summary judgment to strike the plaintiff's claims in strict liability, negligence, and nuisance arising from environmental contamination.

The strict liability claim was struck on consent.

The court held that the plaintiff's claims for damages other than property devaluation were statute-barred because the limitation period resumed when the class action abandoned those claims in 2002.

However, the claim for property devaluation was not statute-barred as the limitation period remained suspended until the plaintiff was excluded from the class in 2009.

The court found a genuine issue for trial regarding the remaining claims.