3 total
The court rejected a joint submission imposing probation on a self-represented first-time regulatory offender and imposed a reduced fine.
The defendants, an individual and a corporation, pleaded guilty to contravening a Section 7 Order under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
The prosecution sought a fine against the corporation and a suspended sentence with a probation order against the individual.
The self-represented individual expressed confusion about the probation order.
The court rejected the joint submission regarding the probation order, finding it unduly oppressive and that the agreement was not a true joint submission due to the power imbalance with a self-represented defendant.
The court imposed a lower fine against the corporation and a suspended sentence with no probation order against the individual, emphasizing proportionality, parity, and the low risk of harm in the offence.
The court imposed a $125,000 fine and an 18-month probation order with creative conditions on a corporate employer following a workplace fatality.
Vixman Construction Ltd. was convicted of two regulatory offences under the Occupational Health and Safety Act (OHSA) following the death of worker William Dean Maguire, who fell approximately 3.6 metres from a work surface at Billy Bishop Toronto Island Airport on March 27, 2018.
The Crown alleged that the company failed to ensure proper fall arrest system configuration and failed to arrange the fall arrest system so that a worker could not hit the ground or an object below the work.
The court imposed a $125,000 fine plus a 25% Victim Fine Surcharge and an 18-month probation order with conditions requiring the company to publish safety information, produce an educational video, and implement enhanced fall protection procedures.
An employer was convicted of occupational health and safety offences after a worker's fatal fall due to improper lifeline anchoring and failure to calculate fall clearances.
A worker employed by Vixman Construction Ltd. was fatally injured when he fell approximately 3.6 metres from a work surface at Billy Bishop Toronto Island Airport on March 27, 2018.
The Crown prosecuted Vixman under the Occupational Health and Safety Act for failing to ensure that prescribed fall arrest measures and procedures were carried out in the workplace.
Specifically, the Crown alleged violations of Ontario Regulation 213/91 regarding the improper anchoring of a self-retracting lifeline (SRL) and the failure to ensure that the fall arrest system was arranged so that a worker could not hit the ground or an object below the work surface.
The defendant argued a due diligence defence, claiming it had implemented comprehensive safety training, policies, and procedures.
The court found that while Vixman maintained a robust safety program, it failed to enforce critical specific requirements at the job site, including the failure to calculate fall clearances prior to work commencement and the failure to ensure the use of a safe anchoring method.
The court convicted Vixman on both counts, finding that the defendant did not discharge its burden of proving that every reasonable precaution was taken.
