Landmark and earlier Ontario prosecutions, summarised here on the index.
R. v. Metron Construction Corporation
2013$750,000
2013 ONCA 541
ConstructionFall ProtectionCriminal Liability
A swing stage collapse at a Toronto highrise killed four workers and injured one. The project manager pleaded guilty to four counts of criminal negligence causing death.
Key facts
- Six workers were on a swing stage rated for only two workers
- Only one of the six workers was wearing a lifeline and harness
- The company had a history of fall protection violations
- The lone survivor was the only worker tied off
Outcome
Metron Construction was fined $750,000. The project manager received a 3.5-year prison sentence — one of the first criminal convictions under the Westray amendments (Bill C-45).
Lesson
Employers and supervisors must enforce fall protection requirements without exception. Criminal charges — not just regulatory fines — can result when safety negligence causes worker deaths.
Ontario (Labour) v. Millennium Crane Rentals Ltd.
2017$300,000
2017 ONCJ 718
ConstructionCrane SafetyDue Diligence
A tower crane collapsed during erection at a construction site in London, Ontario, killing one worker. The investigation revealed critical safety procedures were not followed.
Key facts
- The crane collapsed during a climbing procedure
- The manufacturer's procedures for erecting the crane were not followed
- Workers had not received adequate training on the specific crane model
- Supervision during the critical climbing operation was inadequate
Outcome
The company was convicted under the OHSA and fined $300,000 plus a 25% victim fine surcharge.
Lesson
Equipment-specific training and strict adherence to manufacturer procedures are essential. Supervisors must be present and competent during high-risk operations.
R. v. Vadim Kazenelson (Metron Project Manager)
2016
2016 ONSC 25
ConstructionFall ProtectionCriminal LiabilityDue Diligence
The project manager at the Metron swing stage collapse was found guilty of four counts of criminal negligence causing death — a landmark ruling for individual accountability in workplace safety.
Key facts
- Kazenelson was the project manager and directed work on the swing stage
- He was aware of the overloading and lack of fall protection
- He had authority to stop work but did not exercise it
- The court found he showed a wanton and reckless disregard for the lives of workers
Outcome
Sentenced to 3.5 years in federal prison. The Ontario Court of Appeal upheld the conviction in 2018.
Lesson
Supervisors and managers face personal criminal liability when they knowingly allow unsafe work practices. The duty to stop unsafe work is not optional.
Ontario (Labour) v. Sunrise Propane Energy Group Inc.
2013$4,000,000
2013 ONCJ 731
IndustrialProcess Safety
A massive propane explosion in Toronto killed one employee and a nearby resident, damaged hundreds of homes, and forced the evacuation of 12,000 people.
Key facts
- Illegal propane-to-propane transfers were being conducted at the facility
- The company operated without required approvals from the Technical Standards and Safety Authority
- Safety equipment and procedures were grossly inadequate
- The explosion occurred during an illegal early-morning transfer operation
Outcome
Sunrise Propane was convicted on all counts and fined $4 million — one of the largest OHSA fines in Ontario history at the time.
Lesson
Cutting corners on regulatory compliance and operating outside approved procedures can have catastrophic consequences. Safety regulations exist to prevent exactly these types of disasters.
Ontario (Labour) v. Enbridge Gas Distribution Inc.
2014$200,000
2014 ONCJ 33
IndustrialConfined SpaceDue Diligence
A worker was fatally injured while performing maintenance in a confined space at an Enbridge facility. The investigation found deficiencies in confined space entry procedures.
Key facts
- The worker entered a confined space without adequate atmospheric testing
- Rescue procedures and equipment were not properly established before entry
- The confined space program did not meet regulatory requirements
- Communication failures contributed to the delayed emergency response
Outcome
Enbridge was convicted and fined $200,000 plus the victim fine surcharge under the OHSA.
Lesson
Confined space entry requires rigorous pre-entry procedures, atmospheric monitoring, and rescue planning — regardless of company size or the perceived simplicity of the task.