Employer Fined $26,000 Total After Multiple Convictions

NEWMARKET, ON - Lushington Grant, sole proprietor of Mississauga-based Century Estates, was fined $26,000 on June 24, 2011, after being convicted of multiple violations of the Occupational Health and Safety Act.

On January 15, 2008, ministry inspectors visited a house construction project on Israel Zilber Drive in Vaughan. The inspectors entered the project and found a series of violations of the Occupational Health and Safety Act, including:

• workers climbing down from their work location using a bent piece of lumber instead of stairs, a runway, a ramp or a ladder
• a basement opening that did not have a guardrail or protective covering
• stairs that did not have a securely fastened and supported handrail
• a worker that was not wearing head protection or foot protection.

The inspectors also observed workers working at heights without fall or head protection. The inspectors were told by the workers that the fall protection equipment was in the van of their employer, Lushington Grant, and that he was not on site. Upon his arrival, Mr. Grant obstructed the inspection by refusing to answer questions asked by an inspector and then leaving the site.

On January 25, 2008, an inspector returned to the site to serve one of Mr. Grant's workers with an offence notice. Mr. Grant provided false information to the inspector regarding the worker.

After a trial, Justice of the Peace Hazel Hodson-Walker found Mr. Grant guilty of eight counts and fined him a total of $26,000. The $26,000 fine included a $10,000 fine for obstruction and a $10,000 fine for providing false information. 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

                                    465 Davis Drive

                                    Newmarket, ON

Judge:                         Justice of the Peace Hazel Hodson-Walker

Date of Sentencing:    June 24, 2011

Defendant:                  Lushington Grant c.o.b. as Century Estates

Matter:                        Occupational Health and Safety

Convictions:                Occupational Health and Safety Act, Section 62(1)

                                    Ontario Regulation 213/91, Section 26.1(2)

                                    Ontario Regulation 213/91, Section 26.3(2)

                                    Ontario Regulation 213/91, Section 70(1)

                                    Ontario Regulation 213/91, Section 77(2)(e)

                                    Ontario Regulation 213/91, Section 22(1)

                                    Ontario Regulation 213/91, Section 23(1)

                                    Occupational Health and Safety Act, Section 62(3)(a)

Crown Counsel:           Mike Nicol

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