www.thesafetymag.com Open in urlscan Pro
2606:4700:20::681a:17c  Public Scan

Form analysis
3 forms found in the DOM

/ca/subscribe/newsletter

<form class="newsletter__item" action="/ca/subscribe/newsletter" data-hs-cf-bound="true">
  <div class="newsletter__item__input">
    <input name="email" type="email" class="form-control" placeholder="Enter your email address here">
  </div>
  <div class="newsletter__item__btn">
    <button type="submit" class="btn btn-inline btn-inline--orange">SIGN UP</button>
  </div>
</form>

/ca/subscribe/newsletter

<form class="newsletter__item--right" action="/ca/subscribe/newsletter" data-hs-cf-bound="true">
  <div class="newsletter__item__input">
    <input name="email" type="email" class="form-control form-control--white-papers" placeholder="Email address">
  </div>
  <div class="newsletter__item__btn">
    <button type="submit" class="btn btn-inline btn-inline--orange">Sign up</button>
  </div>
</form>

<form class="sj-search-form" data-hs-cf-bound="true">
  <div id="sj-search-bar"> <span id="sj-icon-search"></span> <input data-sj-search-query="" type="search" placeholder="search this site"> <button data-sj-search-query-go="" type="submit" class="sj-search-go blue">Search</button> </div>
</form>

Text Content

CONTINUE TO SITE

CONTINUE TO SITE

 * NEWS
    * News
    * Features
    * Opinion
    * Profiles
    * US News

 * TOPICS
    * Building and Construction
    * Energy and Resources
    * Environment
    * ESG / Risk Management
    * Government and Public Sector
    * Leadership and culture
    * Manufacturing
    * Occupational hygiene
    * OHS Law & Legislation
    * Psychological safety
    * Safety and PPE
    * Technology
    * Utilities

 * RESOURCES
    * Premium content
    * White papers
    * Video
    * Products
    * Digital editions
    * COS Talk

 * EVENTS
 * BEST IN SAFETY
 * SUBSCRIBE


 1. 
 2. Topics
 3. Manufacturing


ONTARIO COURT OF APPEAL REJECTS INCREASING FINE AGAINST TOROMONT IN
ELECTROCUTION

Crown sought to have penalty reduction awarded by lower court reversed


By Shane Mercer
07 Dec. 2023
Share


The Ontario Court of Appeal has declined the Crown's motion to appeal a ruling
that reduced a penalty related to an electrical explosion. The case stemmed from
an incident at the Southwest Detention Centre in Windsor, Ontario., where a
worker, employed by Toromont Industries Ltd. and subcontracted to J.M.R.
Electric Ltd., suffered severe burns while cleaning an energized switchgear
cabinet.


BACKGROUND OF THE ELECTROCUTION

The incident unfolded when the worker, having previously worked on de-energized
cabinets, mistakenly opened the wrong cabinet after returning from a lunch
break. This inadvertent action led to his paintbrush, containing a metal band
acting as a conductor, coming into contact with live electrical components. The
work took place in a high-voltage electrical room, which was occasionally
accessible to various tradespeople due to a propped-open door.


LEGAL PROCEEDINGS

Following the incident, both Toromont and J.M.R. Electric Ltd. faced charges
under the Occupational Health and Safety Act for multiple safety violations. The
initial trial found both companies guilty and imposed fines.



However, upon appeal, the Ontario Court of Justice overturned the verdict,
citing that the Crown had not established the actus reus (guilty act) of the
offenses.

This led to a subsequent appeal where the court partially allowed the appeal,
confirming actus reus for specific counts against both companies. These findings
were then referred back to the Ontario Court of Justice for reconsideration of
due diligence and penalty issues.

In the second appeal, the Ontario Court of Justice ruled in favor of the
companies regarding the due diligence issue and significantly reduced Toromont's
penalty from $170,000 to $35,000.

Dissatisfied with the outcome, the Crown sought leave to appeal to the Ontario
Court of Appeal, primarily contesting the due diligence analysis and the reduced
penalty for Toromont.


COURT OF APPEAL'S DECISION

The Ontario Court of Appeal determined that the issues raised by the Crown did
not meet the stringent criteria for granting leave to appeal under Section 131
of the Provincial Offences Act. The court noted that the alleged errors were
confined to claims of misapplication of established legal principles and did not
involve questions of statutory interpretation or general legal principles
needing clarification.



In its comprehensive analysis, the Court of Appeal addressed each of the Crown's
arguments, finding that they either did not warrant intervention or had already
been adequately addressed in previous judgments. As a result, the motion for
leave to appeal was dismissed, and no costs were awarded.






FREE NEWSLETTER

The FREE Canadian Occupational Safety newsletter keeps you up to date on news
and analysis about the world of occupational health and safety. Please enter
your email address below to subscribe.
SIGN UP
Fetching comments...
Please enable JavaScript to view the comments powered by Disqus.


MOST READ ARTICLES


SOURCES SAY 22 ONTARIO MINISTRY OF LABOUR INSPECTORS FIRED


28 CHARGES LAID IN DEATH OF OILSANDS WORKER


CTV NEWS REPORTER STRUCK BY VEHICLE WHILE COVERING SEPARATE CRASH


SUPERVISOR FOUND GUILTY OF CRIMINAL NEGLIGENCE IN DROWNING OF WORKER




FREE NEWSLETTER

Subscribe to the Canadian Occupational Safety newsletter to get the must-read
news & insights in your inbox.
Sign up
 * Newsletter
 * Digital editions
 * Authors
 * External contributors

 * Copyright © 2023 KM Business Information Canada Ltd.
 * 

 * Advertise
 * About us
 * Contact us
 * Privacy
 * Terms of Use
 * Sitemap
 * RSS






×
Search