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Town of Bracebridge Fined $50,000 After Young Worker Injured

Court Bulletin

Town of Bracebridge Fined $50,000 After Young Worker Injured

Ministry of Labour

BRACEBRIDGE, ON - The Town of Bracebridge has been fined $50,000 for a violation of Ontario's Occupational Health and Safety Act after a young worker was injured while maintaining a hiking trail.

On August 31, 2011, three workers employed for the summer by the town's public works department were installing drainage culverts and adding gravel to the Wilson's Falls Trail.

One of the workers was operating a tractor with a front-end loader attachment and carrying a load of gravel. While driving the tractor down an incline, the worker lost control of the tractor and its load. The tractor rolled over and pinned the worker by the leg, resulting in multiple fractures.

A Ministry of Labour investigation found that the worker lost control of the tractor and its load because of the weight being carried by the raised bucket and the incline it was travelling on. The Town of Bracebridge pleaded guilty to failing to provide information, instruction and supervision to a worker on the safe lifting capacity for the tractor.

Judgment as to the sentence took place on November 19, 2013. The fine of $50,000 was imposed by Ontario Provincial Court Justice of the Peace Sue Evans.

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 Pine Street

                                    Courtroom 1

                                    Bracebridge, Ontario

Judge:                         Justice of the Peace Sue Evans

Date of Sentencing:     November 19, 2013

Defendant:                   Town of Bracebridge

                                    1000 Taylor Court

                                    Bracebridge, Ontario

Matter:                         Occupational Health and Safety

Convictions:                 Occupational Health and Safety Act

                                    Section 25(2)(a)

Crown Counsel:           Jennifer Malabar

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