The Toronto Star is reporting that Ontario's Ministry of the
Attorney General has appealed a judge's decision that imposed a
$200,000 fine against Metron Construction in the 2009 scaffold
collapse in which four workers died.
The fine was levied under the "Bill C-45″
amendments to the Criminal Code in 2004. The prosecutaor
had sought a $1 million fine against Metron.
The prosecutors are seeking a much higher fine against the
company, calling the $200,000.00 fine "manifestly
In handing down the fine, the sentencing judge considered a
number of factors includings Metron's "prior good
character", the fact that Metron was neither large nor
profitable, and that the fine against Metron and an
additional $112,500 fine (including the Victim Fine
Surcharge) against the company owner for violations of the
Occupational Health and Safety Act represented three times the net
earnings of Metron in its last profitable year.
Union groups, including the Ontario Federation of Labour, had
been sharply critical of the court's decision, calling the fine
far too low.
The OFL notes, on its web site, that the OFL's president
"had harsh criticisms for a judicial system that continues to
let criminally negligent employers walk free after they put the
lives of workers at risk."
Our recent summary of the Metron/Swartz sentencing decisions can
The court's sentencing decisions can be found here:
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