Toronto, Ont. - Aviance Forming Ltd., a formwork company, was fined $60,000 on September 24, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was injured.

On January 4, 2008, the company was assembling, moving and installing wall forms for a condominium on York St in Toronto.  Workers were guiding a wall form into place while it hung suspended from a crane.  One of the workers tried to nail a piece of timber to the bottom of the wall form.  As the hammer hit the nail, one of four A-frames attached to the wall form slid down through the bracket clip holding it in place.  The worker fell and suffered a fractured ankle.

A Ministry of Labour investigation found that the frame that slid down was attached to the wall form by only one bracket clip instead of the required two.

Aviance Forming Ltd. pleaded guilty under the OHSA to failing to ensure that material was moved in a manner that did not endanger a worker.

The fine was imposed by Justice of the Peace Odida Quamina.  In addition to the fine, the court imposed a 25-per-cent 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.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    60 Queen St. W.

                                    Old City Hall

                                    Toronto, ON

Judge:                        

Justice of the Peace Odida Quamina

Date of Conviction:

September 24, 2009

Defendants:

Aviance Forming Ltd.

Matter:                      

Occupational Health and Safety

Conviction:

Ontario Regulation 213/91, Section 37

Crown Counsel:

Courtney Harris