An Ontario supervisor has been jailed for 45 days after a worker
fell off a roof and suffered permanent paralysis. Are courts
growing increasingly comfortable jailing supervisors for serious
wrote about this case in May 2013 after the court found the
company, the supervisor and another company representative guilty
of charges under the Occupational Health and Safety Act. The
court has now imposed its sentence.
According to the Ministry of Labour's press release, the
worker worked for a company engaged in "garbage removal and
hauling". He was removing shingles from a roof, and fell
off the roof after tossing loose shingles toward a bin. The
worker said that he had not been trained in the use of fall
protection equipment, nor was any such equipment provided in the
company-supplied truck used for transportation to and from the job
site. As well, the worker said that the company's
practice was to pay cash for their work, and that he worked on
an on-call basis. The worker identified J.R. Contracting Property
Services as the employer and one Teisha Lootawan as the
The court determined that J.R. Contracting Property Services was
the "employer". The court also determined that Lootawan
was a supervisor under the OHSA. Lootawan had failed as a
supervisor to ensure that a worker wore protective devices as
required by law, and failed as a supervisor to take the reasonable
precaution of ensuring that an adequate form of fall protection was
provided where a worker was exposed to a fall hazard of more than
The court sent Lootawan to jail for 45 days, imposed a
$75,000.00 fine on the company, and fined the other company
representative $2,000.00 for obstructing a Ministry of Labour
inspector by refusing to answer any of the inspector's
The Ministry of Labour's press release may be accessed here.
Dentons is a global firm driven to provide you with the
competitive edge in an increasingly complex and interconnected
marketplace. We were formed by the March 2013 combination of
international law firm Salans LLP, Canadian law firm Fraser Milner
Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly
regarded law firms. Each built its outstanding reputation and
valued clientele by responding to the local, regional and national
needs of a broad spectrum of clients of all sizes –
individuals; entrepreneurs; small businesses and start-ups; local,
regional and national governments and government agencies; and
mid-sized and larger private and public corporations, including
international and global entities.
Now clients benefit from more than 2,500 lawyers and
professionals in 79 locations in 52 countries across Africa, Asia
Pacific, Canada, Central Asia, Europe, the Middle East, Russia and
the CIS, the UK and the US who are committed to challenging the
status quo to offer creative, actionable business and legal
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances. Specific Questions relating to
this article should be addressed directly to the author.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Join our partners Karen Martin and Ryan Chalmers at the Pacific Business & Law Institute’s program, where they will be presenting a session titled "Procurement: Compliance with AIT, NWPTA, TILMA, NAFTA, TPP, CETA and the Statutes." This forum assembles leading government advisors to provide insights on key issues in local government today.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).