Ministry of Labour
On December 23, 2010, two Stacey Electric workers were repairing a broken beacon at a railway underpass on Bathurst St. near Dupont St. in Toronto. The beacon was on a cement median between four lanes of traffic. One worker was in the bucket of a boom truck that had been extended over a lane of traffic next to the median. The other worker was standing on the median assisting the worker in the bucket. There were no traffic control measures such as signs or traffic cones in place. While the workers were repairing the beacon, a bus struck the boom attached to the bucket holding one of the workers. The worker on the median was struck and killed by the bus and the bucket as it fell to the ground. The other worker was also injured.
A Ministry of Labour investigation found that there was no traffic protection plan in place during the repair operation.
Stacey Electric Company Limited plead guilty to failing to take the reasonable precaution of ensuring that their workers prepare a traffic protection plan for their protection.
The fine was imposed by Justice of the Peace Donald Buchanan. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
Court Information at a Glance
Location: Ontario Court of Justice
1530 Markham Rd.
Judge: Justice of the Peace Donald Buchanan
Date of Sentencing: November 19, 2012
Defendant: Stacey Electric Company Limited
Matter: Occupational Health and Safety
Convictions: Occupational Health and Safety Act, Section 25(2)(h)
Crown Counsel: Mike Nicol