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Convicted: Goldentrust Development Inc., 156 Willowdale Avenue, Toronto, Ontario.

Location of Workplace: 15 Flaremore Crescent, Toronto, Ontario.

Description of Offence: Goldentrust Development Inc. was the constructor for the workplace. A self-employed owner of a sub-contractor was fatally injured at the workplace when they fell approximately six meters to the bottom of an unguarded elevator shaft. Goldentrust Development Inc. failed to ensure that the opening to the elevator shaft was protected by a guardrail to prevent a worker from falling into the shaft. This is an offence under section 26.3(1) of Regulation 213/91 of the Occupational Health and Safety Act.

Date of Offence: November 6, 2019.

Date of Conviction: June 14, 2022.

Penalty Imposed:

• Following a guilty plea in provincial offences court in Toronto, Goldentrust Development Inc. was fined $50,000 by Justice of the Peace Karen Valentine; Crown Counsel Mike Nicol.
• The court also 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.

Background:

• Goldentrust Development Inc. is a home building company that was constructing a single-family house.
• On November 6, 2019, a worker at the project was installing door hardware and wooden panelling in the house.
• While installing a door handle on a second-story elevator door in the house, the worker was exposed to the opening of the elevator shaft, which was not protected by a guardrail.
• The worker was fatally injured when they fell approximately six meters down to the bottom of the shaft.
• Goldentrust Development Inc. failed to ensure that the opening to the elevator shaft was protected by a guardrail to prevent a worker from falling into the shaft. This is an offence under section 26.3(1) of Regulation 213/91 of the Occupational Health and Safety Act.

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