Kitchener, Ont. - 1604945 Ontario Inc., a Cambridge-based owner of commercial property for rent, was fined $60,000 on June 23, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after workers were put in danger of asbestos inhalation.  Company director Krishan Judge was fined $10,000 in relation to the incident.

In June 2007, the company was renovating its building on Duke St. in Kitchener with the help of a contractor.  On June 26, 2007, the Ministry of Labour received a complaint that workers at the building were not aware they were handling asbestos.

A ministry investigator saw that the mechanical insulation appeared compromised and disturbed and requested an asbestos survey for the building.  The company could not produce one because it had failed to conduct the survey.  Tests completed on July 5, 2007, confirmed that the mechanical insulation and dust contained asbestos.

1604945 Ontario Inc. pleaded guilty under the OHSA to failing to determine whether any designated substances were present at the project site and failing to prepare a list of all designated substances present before the beginning of a project.  Krishan Judge pleaded guilty under the OHSA to failing to take all reasonable care to ensure the company complied with the Act and its regulations.

The fines were imposed by Justice of the Peace Robert Gay.  In addition to the fines, the court imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act.  The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    77 Queen St. N.

                                    Kitchener, ON

Judge:                        

Justice of the Peace Robert Gay

Dates of Sentencing:

June 23, 2009

Defendants:

1604945 Ontario Inc.

Krishan Judge

Matter:                      

Occupational Health and Safety

Convictions:

1604945 Ontario Inc.:

OHSA, Section 30(1)

OHSA, Section 66(1)(a)

Krishan Judge:

OHSA, Section 32(a)

Crown Counsel:

Courtney Harris