Court Bulletin - Director and company fined for improper asbestos removal



    OTTAWA, July 10 /CNW/ - The director of an Ontario numbered company
received the maximum fine allowed by law, and a separate company was also
fined in the Ontario Court of Justice July 7, 2008, in connection with an
attempt to remove asbestos at a townhouse complex without following procedures
required by the Occupational Health and Safety Act.
    Justice of the Peace Herb Kreling heard that 1041259 Ontario Inc., owners
of Manor Gardens townhouse complex in Ottawa, were going to start work on
water pipes in the basements, including the removal of insulation around the
pipes. The owners directed Andrex Holding Ltd., as their property management
company, to remove the insulation. Residents contacted the Ministry of Labour
with concerns that asbestos removal might be involved. The ministry issued a
stop work order, and its subsequent investigation found that the asbestos was
not being removed in accordance with the act and regulation.
    Anand Aggarwal, a director of 1041259 Ontario Inc., pleaded guilty to
failing to ensure that the numbered company complied with subsection 7(3) of
Ontario Regulation 278/05, contrary to section 32(a) of the Occupational
Health and Safety Act. He was fined $25,000. Andrex Holding Ltd. pleaded
guilty to failing, as an employer, to ensure compliance with sections 15 and
16 of Ontario Regulation 278/05, contrary to section 25(1)(c) of the
Occupational Health and Safety Act, and was fined $20,000.
    In addition to the fines, the court imposed a 25-per-cent victim fine
surcharge on each, as required by the Provincial Offences Act. The surcharge
is credited to a special provincial government fund to assist victims of
crime.

    
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                        Court Information at a Glance
                        -----------------------------

    Location:           Ontario Court of Justice
                        100 Constellation Ave,.
                        Ottawa, Ontario

    Judge:              Justice of the Peace Herb Kreling

    Date:               July 7, 2008

    Defendants:         Andrex Holding Inc. and Anand Aggarwal

    Matter:             Occupational Health and Safety Act

    Crown Counsel:      Tom Schneider
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    Disponible en français

                             www.labour.gov.on.ca
    




For further information:

For further information: Bruce Skeaff, Ministry of Labour, (416)
326-7405

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