Report from the government of Ontario’s ‘Newsroom’
A worker, employed by Limen Group Construction of Toronto, Ontario, was fatally injured by a falling concrete block. The company failed, as an employer, to ensure that the measures and procedures prescribed by section 172(1) of Ontario Regulation 213 were carried out at a workplace, contrary to section 25(1)(c) of the Occupational Health and Safety Act. It also failed to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the Act. The two supervisors failed to take every precaution reasonable in the circumstances for the protection of a worker, contrary to section 27(2)(c) of the Act.
On December 14, 2020, the company was subcontracted to perform formwork on a multi-storey condominium under construction. Waste concrete from the below-ground parking levels had to be lifted to ground level using a crane. To do this, workers shovelled the waste concrete into wooden bins that had rebar placed in the bottom. When the concrete dried, the embedded rebar was used as a hoisting point for the crane. However, the rebar was not designed to be used as a hoisting point for anything more than a few feet.
One of the concrete blocks being hoisted in this manner fell while it was above the construction site, fatally injuring a worker.
The Court found the company guilty of failing to ensure that the waste concrete was hoisted using attachment points that were suitable for that use. It also found the company guilty of failing to ensure workers were adequately trained and supervised regarding the hazard of using embedded rebar for hoisting.
The Court found the two supervisors guilty of failing to ensure workers were adequately trained and supervised regarding the hazard of using embedded rebar for hoisting.
The defendants’ convictions and sentences were upheld on appeal on June 3, 2025, by Justice Gillian E. Roberts.
Following a trial in the Ontario Court of Justice in Toronto, Limen Group Const. (2019) Ltd. was fined $600,000 by Justice Apple C. Newton-Smith. The two supervisors were fined $10,000 and $15,000, respectively. Crown Counsel were Graeme Adams and William Robinson.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
Limen Group Construction was found guilty of a contravention of the Ontario ‘Construction Projects’ sector regulation 213/91, section 172, subsection (1) which states,
“A container, sling or similar device for rigging or hoisting an object, including its fittings and attachments,
(a) shall be suitable for its intended use;
(b) shall be suitable for and capable of supporting the object being rigged or hoisted;
(c) shall be so arranged as to prevent the object or any part of the object from slipping or falling;
(d) shall be capable of supporting at least five times the maximum load to which it may be subjected; and
(e) shall be capable of supporting at least ten times the load to which it may be subjected if it is to be used to support a person.”
This is contrary to the Ontario Occupational Health and Safety Act (OHSA), section 25, subsection 1(c) which states,
“An employer shall ensure that,
(c) the measures and procedures prescribed are carried out in the workplace.”
The company also failed section 25, subsection 2(h) of the OHSA which states.
“An employer shall,
(h) Take every precaution reasonable in the circumstances for the protection of the worker.”
The supervisors were found guilty of a contravention of the OHSA, section 27, subsection 2(c) which also states,
“A supervisor shall,
(c) take every precaution reasonable in the circumstances for the protection of a worker.”
I believe the government didn’t calculate properly when it reported this case. Yes, there were $625,000 in fines including the company as well as the two supervisors. BUT, the 25% victim fine surcharge is added on. ($156,250) Therefore, the full amount is $781,250. Still not enough as a trade off for a single human life.
I was also surprised that the company fought this in court. A labour lawyer, or any “Competent” safety professional, would have known.
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’ and ‘Standard Operating Procedures’.
Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
Ensure your workplace is a safe place.
Remember – In Ontario, “ALL Accidents are Preventable”
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
CEO & Senior Trainer
HRS Group Inc.