The Ontario Court of Appeal has sent a clear message to employers about their safety obligations, calling a $200,000 fine ‘manifestly unfit’ and increasing the fine to $750,000. The case involved the 2009 death of a supervisor and 3 employees when the swing stage on which they were working, collapsed. Autopsies determined that the employees and the supervisor had marijuana in their systems as the time of the accident. The owner of the company, Metron Construction Corporation, plead guilty to four counts under the Occupational Health and Safety Act and was fined $90,000 (plus the 25% victim fine surcharge). At trial Metron was fined $200,000 for criminal negligence causing death under the Criminal Code. The Crown appealed that Code sentence arguing that it was too low. On September 4, 2013 the Court of Appeal tripled it to $750,000.
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