Ministry of Labour

Chesterville Painting Company & Director Found Guilty Of Disobeying Health & Safety Order

CORNWALL, ON, Dec. 6 — McKinley Equipment Ltd., of Chesterville was
found guilty of disobeying a Ministry of Labour stop work order and was fined
$25,000 in the Ontario Court of Justice. A company director was fined $10,000.
    During the trial, Justice of the Peace Linda Leblanc was told that on
February 15, 2006, a ministry inspector issued a stop work order to the
company located at 13210 River Rd., Chesterville. The company business paints
machines for industrial, commercial and construction use and the order
required no work be done in a painting room until certain safety modifications
were made. Court heard this order was not followed, painting continued and a
company director was aware the order was being contravened and, in fact,
ordered painting to be done.
    Justice of the Peace Leblanc found McKinley Equipment Ltd. guilty on one
count of failing to comply with an order issued by an inspector, contrary to
section 66(1) of the Occupational Health and Safety Act, and imposed a $25,000
fine. Leblanc also convicted a company director, James McKinley, of failing,
as a director, to take all reasonable care to ensure that the corporation
complied with the stop work order, contrary to section 32(b) of the
Occupational Health and Safety Act. The justice of the peace fined him
$10,000.
    The court imposed a 25-per-cent victim fine surcharge on each fine, as
required by the Provincial Offences Act. The surcharge is credited to a
special provincial government fund to assist victims of crime.

    

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                        Court Information at a Glance
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           Location:    Ontario Court of Justice, Courtroom 2
                        26 Pitt St., Cornwall, Ontario

           Judge:       Justice of the Peace Linda Leblanc

           Date:        December 4, 2007

           Defendants:  McKinley Equipment Ltd.

           Matter:      Occupational Health & Safety

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                             www.labour.gov.on.ca
    

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