K. Malabar

Following convictions under the Occupational Health and Safety Act arising from a serious workplace fall that left a worker permanently paralyzed, the court imposed sentences on three defendants.

The supervisor received 45 days continuous custody based on her pattern of non-compliance with court orders and prior convictions under environmental statutes.

An employee received a $2,000 fine for obstructing an MOL inspector.

The corporate employer received a $75,000 fine.

The court emphasized deterrence as the paramount sentencing principle for OHSA offences and rejected arguments that the worker's intoxication or the company's inactive status should mitigate the sentences.

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.