Court Bulletin - FDM Capital Construction Ltd. fined $60,000 after worker injured

    OTTAWA, Feb. 3 /CNW/ - FDM Capital Construction Ltd., a Nepean-based
construction company, was fined $60,000 on January 30, 2009, for a health and
safety violation, after a worker was injured.
    On November 19, 2007, the company had been contracted to work on a new
housing project at Block 3, Arrowglass Way, in Orleans. A worker was on the
second floor of a unit, carrying plywood while walking backwards, and fell
through an opening in the floor to the basement two storeys below. The worker
suffered severe head and shoulder injuries.
    A Ministry of Labour investigation found that the company was not using
adequate protective covering or guardrails to protect workers from openings in
the work surface. FDM Capital Construction Ltd. pleaded guilty to violating
section 26.3(2) of Ontario Regulation 213/91 for construction projects, which
is contrary to section 25(1)(c) of the Occupational Health and Safety Act.
    The fine was imposed by Justice of the Peace Richard Sculthorpe in the
Ontario Court of Justice, Ottawa. In addition to the fine, the court 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.


                        Court Information at a Glance

    Location:          Ontario Court of Justice
                       100 Constellation Cres., Courtroom 101
                       Ottawa, Ontario

    Judge:             Justice of the Peace Richard Sculthorpe

    Date:              January 30, 2009

    Defendants:        FDM Capital Construction Ltd.

    Matter:            Occupational Health and Safety Act

    Crown Counsel:     Melanie Shulman


    Disponible en français


For further information:

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

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