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Injury to Young Worker Results in $100,000 Fine to Company

Court Bulletin

Injury to Young Worker Results in $100,000 Fine to Company

Ministry of Labour

BARRIE, ON - A Calgary-based company pleaded guilty and has been fined $100,000 after a young worker suffered permanent injuries.

The company, Tervita Corporation, was the constructor of a City of Barrie project to reclaim landfill at a site located at 272 Ferndale Drive North in Barrie.

On March 5, 2015, a young worker (a person under the age of 25) employed by Tervita was operating a city-supplied trommel machine in the landfill. The machine is used to screen and separate material.

The worker was using a tool known as a "pick" to clear the trommel when it filled up with material being screened. While performing this task, the worker was pulled into an exposed pinch point on the machine created by the drive wheels.

The worker was able to get free but suffered injury that required medical attention.

Section 109 of Ontario Regulation 213/91 - the Construction Projects Regulation - states that every gear, pulley, belt, chain, shaft, flywheel, saw and other mechanically-operated part of a machine to which a worker has access shall be guarded or fenced so that it will not endanger a worker. This was also a violation of the Occupational Health and Safety Act.

The company pleaded guilty and was fined $100,000 by Justice of the Peace Cheryl B. McLean in provincial court in Barrie on November 1, 2016.

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.

New and young workers in Ontario are more likely than older and more experienced workers to be injured on the job, especially during their first three months on the job.

Court Information at a Glance


Ontario Court of Justice/Provincial Offences Court

45 Cedar Pointe Drive

Barrie, Ontario



Justice of the Peace Cheryl B. McLean


Date of Sentencing:

November 1, 2016


Tervita Corporation

140 10th Avenue SE, Suite #500

Calgary, Alberta



Occupational health and safety



Occupational Health and Safety Act

Section 23(1)(a)

Regulation 213/91 (Construction Projects Regulation)

Section 109

Crown Counsels:

Jai Dhar

Catherine Glaister


Join the conversation using #worksafeON and #workfairON

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