Court Bulletin - Guess? Canada Corporation fined $50,000 after worker seriously injured



    TORONTO, May 15 /CNW/ - Guess? Canada Corporation, a national clothing
and accessories retailer, was fined $50,000 on May 14, 2009, for a violation
under the Occupational Health and Safety Act (OHSA) after a worker was
seriously injured.
    On October 7, 2007, at the company's Bloor St. W. location, a worker was
standing on an eight-foot, A-frame ladder in the storage room, attempting to
return a box to the top shelf. The ladder gave way and the worker fell to the
floor, losing consciousness and sustaining back injuries.
    A Ministry of Labour investigation found that the ladder was too wide for
the storage room. This meant the worker could not fully open the ladder and
lock it into place to prevent it from collapsing.
    Guess? Canada Corporation pleaded guilty under the OHSA to failing, as an
employer, to ensure that the worker could carry, move and lift store
merchandise safely.
    The fine was imposed by Justice of the Peace Mary Anne Ross Hendriks. In
addition to the fine, the court also imposed a 25-per-cent victim fine
surcharge on the total, 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
                        60 Queen St. W.
                        Old City Hall
                        Toronto, Ontario

    Judge:              Justice of the Peace Mary Anne Ross Hendriks

    Date of Conviction: May 14, 2009

    Defendants:         Guess? Canada Corporation

    Matter:             Occupational Health and Safety

    Conviction(s):      Ontario Regulation 851/90, section 45(a)
                        (http://webx.newswire.ca/click/?id=b2b56d1562f4023)
                        Occupational Health and Safety Act, section 25(1)(c)
                        (http://webx.newswire.ca/click/?id=c8d7d83f68b64ec)

    Crown Counsel:      Alicia Gordon-Fagan
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For further information:

For further information: Media contact: Rob Ashley, Ministry of Labour,
(416) 326-0925

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