R. v. Meridian Construction Inc.; R. v. London

R. v. Meridian Construction Inc.; R. v. London

Defendants were sentenced to significant fines because their sustained failures (not ensuring toolbox meetings and not repairing/inspecting skylight openings after notice) created an obvious, foreseeable risk culminating in a worker's death; sentencing emphasized general deterrence, proportionality and parity while mitigating for remedial steps, lack of prior convictions and individual circumstances.

Citation
2005 NSPC 40
Parties
Prosecution: Her Majesty the Queen; Defendant (corporate): Meridian Construction Inc.; Defendant (individual): Mr. Donald London
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 March 2005
Procedural Posture
Occupational Health and Safety Offence (provincial Court) / Sentencing
Outcome
Convictions upheld and sentences imposed at provincial court sentencing hearing
Legal Topics
Corporate Liability, Workplace Safety, General Deterrence, Victim Fine Surcharge, Education Fund Contribution
Source Language
English
Occupational Health and Safety Criminal Law Sentencing Corporate Liability Workplace Safety General Deterrence Victim Fine Surcharge Education Fund Contribution

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Parties

Her Majesty the Queen

Prosecution

Meridian Construction Inc.

Defendant (corporate)

Mr. Donald London

Defendant (individual)

Procedural Posture

Occupational Health and Safety Offence (provincial Court) / Sentencing

Legal Issues

  1. 1 Failure to ensure skylight openings were secured and inspected after notice
  2. 2 Appropriate sentencing for corporate and individual offenders following a workplace death
  3. 3 Application of sentencing principles: deterrence, proportionality, parity and restraint

Ratio Decidendi

Defendants were sentenced to significant fines because their sustained failures (not ensuring toolbox meetings and not repairing/inspecting skylight openings after notice) created an obvious, foreseeable risk culminating in a worker's death; sentencing emphasized general deterrence, proportionality and parity while mitigating for remedial steps, lack of prior convictions and individual circumstances.

Court Disposition

Convictions upheld and sentences imposed at provincial court sentencing hearing

Orders

  • Meridian Construction Inc. fined $77,000.00
  • Meridian Construction Inc. victim fine surcharge $11,550.00