R. v. Meridian Construction Inc. et al., (2005) 237 N.S.R.(2d) 58 (PC)

• Judge: Tufts, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: March 07, 2005
• Jurisdiction: Nova Scotia
• Citations: (2005), 237 N.S.R.(2d) 58 (PC);2005 NSPC 40

R. v. Meridian Constr. Inc. (2005), 237 N.S.R.(2d) 58 (PC);

    754 A.P.R. 58

MLB headnote and full text

Temp. Cite: [2005] N.S.R.(2d) TBEd. OC.002

Her Majesty the Queen v. Meridian Construction Inc.

Her Majesty the Queen v. Mr. Donald London

(1306087-89; 1306080-81; 2005 NSPC 40)

Indexed As: R. v. Meridian Construction Inc. et al.

Nova Scotia Provincial Court

Tufts, P.C.J.

September 30, 2005.

Summary:

During the construction of a school, a worker fell onto a skylight opening that was covered by rigid styrofoam board insulation. The worker went through the styrofoam and fell 30 feet onto an ice covered concrete floor. He died from his injuries. The general contractor (MCI) and the site supervisor were charged with failing to take every reasonable precaution in the circumstances to ensure that a method of fall protection was in place at the skylight openings (count 1). They were also charged with failing to ensure that guardrails were installed on the open side of a mezzanine (count 2). MCI was also charged with failing to take every reasonable precaution in the circumstances to ensure the health and safety of persons at or near a project (count 3). Count 3 related to MCI's alleged failure to take corrective action for hazards identified by workers.

The Nova Scotia Provincial Court, in a decision reported at 228 N.S.R.(2d) 41; 723 A.P.R. 41, found MCI and London guilty on count 1, but not guilty on count 2. The court also found MCI not guilty on count 3.

The Nova Scotia Provincial Court fined London $10,000 and imposed a victim surcharge of $1,500, for a total of $11,500. The court fined MCI $77,000, imposed a victim surcharge of $11,550 and ordered a contribution to the Education Fund of $10,000, for a total of $98,550.

Trade Regulation - Topic 7905

Industrial safety - Particular offences - Sentences - Failure to ensure health and safety of workers - During the construction of a school, a worker fell onto a skylight opening that was covered by rigid styrofoam board insulation - The worker went through the styrofoam and fell 30 feet onto an ice covered concrete floor - He died from his injuries - The general contractor (MCI) and the site supervisor were convicted of failing to take every reasonable precaution in the circumstances to ensure that a method of fall protection was in place at the skylight openings - The Nova Scotia Provincial Court fined London $10,000 and imposed a victim surcharge of $1,500, for a total of $11,500 - The court fined MCI $77,000, imposed a victim surcharge of $11,550 and ordered a contribution to the Education Fund of $10,000, for a total of $98,550.

Cases Noticed:

R. v. Milligan (S.) (2005), 230 N.S.R.(2d) 146; 729 A.P.R. 146 (S.C.), refd to. [para. 8].

R. v. General Scrap Iron & Metals Ltd. (2003), 322 A.R. 63 (Q.B.), refd to. [para. 11].

R. v. Leil (A.W.) Cranes & Equipment (1986) Ltd. (2003), 223 N.S.R.(2d) 225; 705 A.P.R. 225; 2003 NSPC 61, refd to. [para. 12].

R. v. Cotton Felts Ltd. (1982), 2 C.C.C.(3d) 287 (Ont. C.A.), refd to. [para. 12].

R. v. Canadian MDF Products Co. (2002), 316 A.R. 228 (Prov. Ct.), refd to. [para. 20].

R. v. Sage Well Services Ltd. (2000), 194 Sask.R. 65 (Q.B.), refd to. [para. 20].

R. v. C.H. Heist Ltd., [1999] O.J. No. 2607, refd to. [para. 20].

R. v. Meier (Lawrence) Trucking Ltd., [2000] S.J. No. 868 (Prov. Ct.), refd to. [para. 20].

R. v. Mar-Phyl Logging et al. (1992), 137 A.R. 81 (Prov. Ct.), refd to. [para. 20].

R. v. Bayview-Wellington Homes (Port Union) Inc., [2003] O.J. No. 1111 (C.J.), refd to. [para. 20].

R. v. Surespan Construction Ltd., [2001] M.J. No. 100 (Prov. Ct.), refd to. [para. 20].

R. v. Bertrand Faure Components Ltd., [1996] O.J. No. 4848 (C.J. Prov. Div.), refd to. [para. 20].

R. v. St. Lawrence Cement Inc., [1992] O.J. No. 3770 (Gen. Div.), refd to. [para. 20].

R. v. Fiesta Party Rentals (1984) Ltd., [2000] A.J. No. 1679 (Prov. Ct.), refd to. [para. 20].

R. v. Inco Ltd., [1999] O.J. No. 4648 (Sup. Ct.), refd to. [para. 20].

R. v. St. Mary's Cement Corp., [1999] O.J. No. 3951, refd to. [para. 20].

R. v. Canrow Inc., [1995] O.J. No. 3543, refd to. [para. 20].

Authors and Works Noticed:

Keith, Norman A., Canadian Health & Safety Law (2001), p. 10-74 [para. 12].

Manson, Allan, The Law of Sentencing (2001), generally [para. 10].

Counsel:

Richard M. Hartlen and Alonzo Wright, for the Crown;

David Bright, Q.C., and David Doyle, for the defendants.

This matter was heard on March 7, 2005, by Tufts, P.C.J., of the Nova Scotia Provincial Court, who delivered the following decision on September 30, 2005.