Mary Alice Shelley

The defendant pleaded guilty to driving without a contract of automobile insurance contrary to the Compulsory Automobile Insurance Act.

The prosecution sought the minimum penalty of $5,000 for a first offence.

The court considered whether to apply section 59(2) of the Provincial Offences Act to provide relief from the minimum penalty.

The defendant had recently been released from hospital treatment for severe anxiety and depression, was receiving ODSP, and the fine would be crushingly oppressive relative to his circumstances.

The court imposed a reduced fine of $3,000 with a one-year payment period, finding exceptional circumstances existed and that imposing the minimum fine would be unduly harsh and not in the interests of justice.

The defendants, Strabag Limited (constructor) and Ryszard Pietka (supervisor), were charged with four counts under section 23 of the Occupational Health and Safety Act for failing to prevent a worker from falling into operating machinery by ensuring appropriate guardrail systems or fall protection methods were in place, and for failing to ensure machinery was locked out while a worker was exposed to it.

The incident occurred on January 14, 2010, at the Niagara Tunnel Project when an apprentice electrician fell onto a conveyor belt system while repairing a camera.

The court found the defendants guilty on counts one and four (guardrail charges) but acquitted them on counts two and five (lockout charges).

The court imposed a fine of $30,000 on Strabag and $1,000 on Pietka.