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.312”-2.00” Wall
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The $250,000 fine took into account, as a mitigating factor,
the fact that the defendants had no prior record. The court
did not accept the Crown’s argument the clean record was
the result of luck and should be discounted accordingly.
In addition to reinforcing the importance of employee
safety and training, this case provides many cautionary
lessons for employers outside the propane industry. If it
is discovered that one employee has not been trained, a
company must be extra vigilant to ensure that others are
as well.
Furthermore, this case demonstrates the importance of
not only providing adequate employee training but also ensuring
that there are detailed records that the training occurred.
Because there were not detailed records, the corporation
was found not to have trained the employee because none of
the trainers could remember training him and there was no
record of training produced. This was enough to satisfy the
courts that he had not been trained, because the worker was
dead and could not testify himself. It is important to ensure
records are kept so that, if the employee is unable to testify,
fines cannot be handed out in the case that trainers forget.
The company was fined over $5 million for all the charges
against them. It is important to remember that these payments
are to be made for breach of statutes. These fines are
paid to the government. They are independent of claims
that are made by victims of the explosion. Victims of the
explosion have brought their own claims for damages to surrounding
properties, personal injuries and interruption for
work. These victims may be able to recover far more than the
$5 million in fines imposed by the government.
This case also has implications for individuals who are
fined. In this case, there were two individual defendants who
were fined in addition to the corporate defendant. The R. v.
Metron Construction Corp. decision only stated that the ability
to pay would not be a consideration for companies convicted
of criminal negligence, not individual defendants. As a result,
the court in this case did consider the individuals’ ability to
pay; however, the Court rejected the individual defendants’
claims that they were unable to pay a substantial fine.
The defendants argued that each individual’s yearly
income was relatively small, that one of the two defendants
was a single father of four and that both individuals were
also defendants in a pending civil lawsuit relating to the
matter. The court did not agree that the individual defendants
were unable to afford the fines. The primary reason
was that the two individuals were secured business debtors
of Sunrise Propane with total security of $1 million and
were legally entitled to withdraw funds from the corporate
bank account.
The implications of this case for individual defendants is
that while courts will take individual’s financial situations
into account, they will look at all money available to them.
Individuals will need to demonstrate that they don’t have
funds to pay the fines, and also that they will not have access
to funds to pay the fine.
Kirk A. Vilks is an associate with Fillmore Riley LLP who practises
primarily in the area of civil litigation, with a focus on
construction and insurance litigation. You may reach him at
204-957-8358 or kvilks@fillmoreriley.com.
LEGAL
DX Hydraulic Hammer
Excavator Mounted
Starting Weight
DX 20 – 8,600 lbs.
DX 25 – 9,900 lbs.
DX 30 – 12,100 lbs.
Double Acting
Hydraulic Cylinder
Cushioned Piston
Connection
One Piece
Cast Ram
80 Blows Per Min.
@ 40 GPM
THE HaWITmH mer
Options
Cage Bottom Options Ram Options Mounting Options
Sheet Pile Head
21 ½" Wide
3,300 lbs
14,750 ft. lbs Standard –
5° Side Plum
Correction
Rotator –
5° Side Plum
Correction &
70° Sideways
Swing
4,400 lbs
17,600 ft. lbs
5,500 lbs
22,000 ft. lbs
Reductions for
Smaller Pile
Pipe Pile & H-Pile
Insert 14" H-Pile with
360° rotate
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