Construction company fined $500K after worker killed at Saskatoon hospital build site
A Saskatoon Provincial Court judge has levied $250,000 fines on each of two Occupational Health and Safety charges against Banff Constructors Ltd. after a worker was killed on the build site of the Jim Pattison Children's Hospital.
Judge B. M. Klause agreed with the Crown in a written ruling that general deterrence is necessary and a fine would serve that goal.
"Banff is a large employer with over 400 employees and bears a high degree of responsibility for their well being on its very complicated builds," Klause said.
Eric Ndayishimiye, 21, died July 21, 2016 after a table cart toppled over and crushed his head, neck and chest.
Klause wrote that Ndayishimiye was "completely blameless" and "was simply doing what he had been instructed to do at the work site." Ndayishimiye was not involved in using the cart but was crushed when it collapsed on top of him when he was cleaning up in the general area.
Banff's mistake was to transfer the table carts from another site in Alberta without also transferring any of the crew who had worked on them, according to Klause.
"The carts are of relatively simple manufacture and simple in appearance but they are designed to carry relatively heavy structural loads on a smooth surface. They were deceptive in that regard and there was no one on hand in Saskatoon who was trained in in either their set up or operation.
"Additionally, they were modified to be raised higher without the consent or knowledge of the manufacturer and with little or no thought as to how that might change the dynamics of their operation. In my opinion, this was a fatal mistake and led to the ultimate collapse of the cart which killed Eric. It is in the nature of an act of omission as opposed to commission."
Klause noted some mitigating factors in the decision. Banff's life insurance policy paid $200,000 to Ndayishimiye's family, while Graham and Jar-Dig paid the family an additional $150,000 for compassionate reasons, covered the cost of the funeral and have been in contact with Ndayishimiye's family.
"In my view this provides both a significant and unusual amount of mitigation in favour of the defendant. Very few corporate defendants have both the inclination or financial resources to accomplish this. This was a greatly mitigating factor."
It was also mitigating that the table carts were removed from service immediately and haven't been used since.
Banff has had no previous convictions, according to the ruling.
CTVNews.ca Top Stories
NEW Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
NEW Life got in the way of one woman's reunion with her father, but a DNA test gained her a family
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Quebec farmers have been protesting since December. Is anyone listening?
Upset about high interest rates, growing paperwork and heavy regulatory burdens, protesting farmers have become a familiar sight across Quebec since December.
'Catch-and-kill' strategy to be a focus as testimony resumes in Trump hush money case
A veteran tabloid publisher was expected to return to the witness stand Tuesday in Donald Trump's historic hush money trial.
Quebec Health Department reports 28 cases of eye damage linked to solar eclipse
Quebec's Health Department says it has received 28 reports of eye damage related to the April 8 total solar eclipse that passed over southern parts of the province.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.