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Metron construction director fined $90,000 under OHSA

In a previous First Reference Talks blog post, we informed you that on June 15, 2012, one company (Metron Construction) entered a guilty plea to one charge of criminal negligence causing death under the Criminal Code. Also, the company’s president pleaded guilty to four contraventions of the Ontario Occupational Health and Safety Act, involving the failure as a company director to ensure that Metron Construction complied with the health and safety legislation

On July 13, 2012, Joel Swartz, the director of Metron Construction Corporation, was fined $90,000 after pleading guilty to violations of the Act after four workers were killed and another worker was seriously injured.

Also, Metron was fined $200,000 related to the conviction of criminal negligence causing death under the Criminal Code.

In addition to the OHSA fines, the court imposed a 25 percent 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.

As noted in the government news release, other defendants facing charges stemming from this incident are still before the court.

Some may think the criminal conviction and the health and safety fines constitute adequate punishment for the misconduct, some not. Others would have hoped for some jail time and the $1 million dollar fine sought by the Crown. What do you think? Was the punishment enough?

Christina Catenacci
First Reference Human Resources and Compliance Editor

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Christina Catenacci, BA, LLB, LLM, Ph.D.

Christina Catenacci, BA, LLB, LLM, PhD, was called to the Ontario Bar in 2002 and has since been a member of the Law Society of Ontario. Christina worked as an editor with First Reference between 2005 and 2015 working on publications including The Human Resources Advisor (Ontario, Western and Atlantic editions), HRinfodesk, and First Reference Talks blog discussing topics in Canadian Labour and Employment Law. Christina obtained her Professional LLM Specializing in Labour Relations and Employment Law from Osgoode Hall Law School of York University in 2013, and recently earned her PhD in Law at the University of Western Ontario on October 23, 2020 in the area of privacy in the workplace.
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About Christina Catenacci, BA, LLB, LLM, Ph.D.

Christina Catenacci, BA, LLB, LLM, PhD, was called to the Ontario Bar in 2002 and has since been a member of the Law Society of Ontario. Christina worked as an editor with First Reference between 2005 and 2015 working on publications including The Human Resources Advisor (Ontario, Western and Atlantic editions), HRinfodesk, and First Reference Talks blog discussing topics in Canadian Labour and Employment Law. Christina obtained her Professional LLM Specializing in Labour Relations and Employment Law from Osgoode Hall Law School of York University in 2013, and recently earned her PhD in Law at the University of Western Ontario on October 23, 2020 in the area of privacy in the workplace.

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