Ely's Glass Company Limited Fined $70,000 After Worker Killed

Toronto, ON - Ely's Glass Company Limited, a Toronto company that sells and installs windows, was fined $70,000 on January 27, 2011, for a violation of the Occupational Health and Safety Act that caused a worker's death.

On September 9, 2009, a worker from Ely's Glass was replacing a window in an apartment building in Toronto. To remove the window pane, the worker cut a hole in it from the inside and reached through to pry it out of the window frame. The worker was standing on a ladder, which slipped. The worker fell. The worker's arm hit the sharp edge of the window pane and was cut severely. The worker died.

A Ministry of Labour investigation found that the worker was not wearing protective clothing and the sharp edge of glass in the window pane was not covered to protect the worker.

Ely's Glass Company Limited pleaded guilty to failing to take the reasonable precaution of ensuring that a worker was protected from the hazard of skin contact with a sharp or jagged object.

The fine was imposed by Justice of the Peace Sunny Ng.  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

                                    70 Centre Ave.

                                    Toronto, ON

Judge:                         Justice of the Peace Sunny Ng

Date of Sentencing:    January 27, 2011

Defendants:                Ely's Glass Company Limited

Matter:                        Occupational Health and Safety

Conviction:                 Occupational Health and Safety Act, Section 25(2)(h)

Crown Counsels:        Alexandra Bednar and Jason Tam

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