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Death of Pedestrian Results in $195,000 Fine to Sudbury Company

Court Bulletin

Death of Pedestrian Results in $195,000 Fine to Sudbury Company

Ministry of Labour

Convicted: Interpaving Limited, 885 Regent Street, Suite 2-1B, Sudbury, Ontario, a company contracted to undertake watermain improvements and repaving in downtown Sudbury.

Location: A worksite located on Elgin Street, Sudbury, between Larch Street and Ste. Anne Road.

Description of Offence: A pedestrian was killed after being struck by a road grader that was reversing.

Date of Offence: September 30, 2015.

Date of Conviction: March 28, 2018.

Penalty Imposed:

  • Following a guilty plea, the company was fined $195,000 by Judge Andrew Buttazzoni in Sudbury court; Crown Counsel David McCaskill.
  • 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:

  • Gravel grading operations were underway on the site and a road grader was being operated in reverse at an intersection.
  • The City of Greater Sudbury had a contract with the Greater Sudbury Police Service to provide paid-duty police officers at the project; on that day the city did not provide paid-duty officers to direct and protect motor vehicle and pedestrian traffic at the project.
  • The operator's visibility was restricted due to a blind spot and the operator was not being assisted at that location by a signaller or a paid-duty police officer.
  • A pedestrian proceeded into the intersection against a red traffic light and was struck by the reversing grader. The pedestrian suffered fatal injuries.
  • Interpaving and the City of Greater Sudbury failed to comply with section 104(3) of the Construction Projects Regulation (Ontario Regulation 213/91) which states that "operators of vehicles, machines and equipment shall be assisted by signallers if either of the following applies: 1, the operator's view of the intended path of travel is obstructed; and 2, a person could be endangered by the vehicle, machine or equipment or its load."
  • A trial commenced on March 28, 2018 with the City of Greater Sudbury as the defendant.

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