Ontario Newsroom

Sunny Roofing Fined $40,000 for Obstruction of Labour Inspector, Safety Violations

Court Bulletin

Sunny Roofing Fined $40,000 for Obstruction of Labour Inspector, Safety Violations

Ministry of Labour

BURLINGTON, ONTARIO - Sunny Roofing Inc., a roofing company based in the Greater Toronto Area, was fined a total of $40,000 in court for health and safety violations that included obstruction of a Ministry of Labour inspector during an investigation and failing to ensure its workers had mandatory fall protection and safety equipment. Obstructing an inspector in the performance of the inspector's duties is an offence under the Occupational Health and Safety Act (OHSA).

On July 13, 2015 in response to a complaint, an MOL inspector attended the site of a residential re-roofing project in Milton. There the inspector observed several workers on the roof without fall protection, hardhats or safety boots as required by Regulation 213/91 under the OHSA. Sunny Roofing Inc. was subsequently charged and convicted for these offences.

In addition, the company was convicted of obstructing, hindering and interfering with an inspector. Its workers fled the worksite during the investigation, and the company failed to respond to correspondence and the direction of the inspector.   

Following a trial, Sunny Roofing Inc. was fined $40,000 by Justice of the Peace Thomas McKeough in Burlington court on March 14, 2017. The fines were: 

-$15,000 for obstructing a Ministry of Labour inspector in the performance of duty under the Occupational Health and Safety Act

-$20,000 for the lack of fall protection (such as harnesses or safety nets)

-$2,500 for the lack of protective headgear (hard hats)

-$2,500 for the lack of protective footwear.

 Following a trial, Sunny Roofing Inc. was fined $40,000 by Justice of the Peace Thomas McKeough in Burlington court on March 14, 2017. The fines were:

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.

The company was convicted in Brampton court on September 8, 2015 on six charges under the OHSA for similar offences of failing to ensure workers wore fall protection, protective headwear and protective footwear. At that court hearing, the proprietor, Dong Mo, was convicted on three charges of failing as an employer to ensure workers wore fall protection. Mo was fined a total of $14,000 and the company received a total fine of $33,000.  The company had been convicted in court two days previously on similar charges and received a fine of $4,000 at that time. 


Court Information at a Glance

 

Location:

Provincial Offences Court/Ontario Court of Justice

2051 Plains Road East

Burlington, Ontario

                                   

Judge:

Justice of the Peace Thomas McKeough

                                   

Date of Sentencing:

March 14, 2017


Defendant:

Sunny Roofing Inc.

10 Purcell Square

Toronto, Ontario


Matter:

Occupational health and safety

                                   

Convictions:

Occupational Health and Safety Act

Section 23(1)(a)

Section 62(1) - obstruction charge


Regulation 213/91 (The Construction Projects Regulation)

Section 22(1) - headgear charge

Section 23(1) - footwear charge

Section 26.1(2) - fall protection charge                                   


Crown Counsel:

Nicole Sylvester

Join the conversation using #worksafeON and #workfairON

Media Contacts

Share

Tags

Law and Safety