Toronto, Ont. - Tuong Phat Supermarket, of Toronto, was fined $90,000 on August 6, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed.

On December 27, 2007, a worker at the Finch Ave. W. store was using a lifting device to move a shopping cart from the main floor to the basement storage area.  The device's forks tipped backwards, causing the machine to fall, fatally crushing the worker.

A Ministry of Labour investigation found that there were no written instructions for the safe operation of the lifting device.  Verbal instruction did not cover all elements of a comprehensive safety training program. 

Tuong Phat Supermarket pleaded guilty, under the OHSA, to failing to ensure the worker was given information and instruction regarding the safe use of a lift truck.

The fine was imposed by Justice of the Peace Peter M. Gettlich. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge on the total, 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

                                    Old City Hall

                                    60 Queen St. W.

                                    Toronto

Judge:                        

Justice of the Peace Peter M. Gettlich

Date of Conviction:

August 6, 2009

Defendants:

Tuong Phat Supermarket

Matter:

Occupational Health and Safety

Conviction(s):

OHSA, section 25(2)(a)

Crown Counsel:

Tom Schneider