By Trevor Harness
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February 25, 2025
In a landmark decision, the Ontario Superior Court handed down the highest sentence for a fatality involving workplace Health and Safety sentencing an Owner/Supervisor to 5 years for Criminal Negligence Causing Death . In September 2020, a worker reported problems with his dump truck to his Supervisor who was also one of the owners of the company. The Supervisor failed to take any action, including pulling the truck out-of-service for a mechanical check. The following day, the driver, a 53-year old male lost control of his dump truck steering, crossed into oncoming traffic and ultimately hit a tree in near Alliston, Ontario. Killing him instantly. In her ruling, Superior Court Justice Mary Vallee stressed the importance for Supervisors and Employers/Owners in carrying out their legal duties and responsibilities under Health and Safety Legislation. What makes this case so important is that it increases minimum sentencing precedent for a fatality from the previous 3.5 years to 5 years. Highlighting the importance for Supervisors and Employers to take their duties and responsibilities seriously, including training for Supervisors and Managers. Ultimately, sending the message that if they don’t, they will be held accountable. Source: Canadian Occupational Safety