the Liquor Control Board of Ontario (LCBO) was found guilty after a trial and fined $100,000 after a worker was injured and a LCBO location was found to have an unsafe work environment.
On April 24, 2013, a LCBO worker was moving a pallet of product using a forklift at the LCBO store located at 170 Sandalwood Parkway in Brampton. As the worker began to insert the forks into the pallet, a sound was heard which caused the worker to get out of the forklift and investigate. The product on the pallet then fell on the worker, causing injuries.
A Ministry of Labour investigation determined that the pallet was moved without precautions being taken to ensure the safety of a worker. This was in violation of RRO 1990, Reg. 851: INDUSTRIAL ESTABLISHMENTS Section 45(a).
The LCBO was fined $100,000 by Justice of the Peace Cristina Santos. Justice of the Peace Santos found that there were systemic problems at the Sandalwood LCBO location including multiple safety concerns from workers that were not responded to, and the injured worker was given forklift duties despite having out-of-date training.
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.
Court Information at a Glance
Location:
Provincial Offences Court/Ontario Court of Justice
Brampton, Ontario
Judge:
Justice of the Peace Cristina Santos
Date of Sentencing:
April 11, 2017
Defendant:
The Liquor Control Board of Ontario
Matter:
Occupational health and safety
Convictions:
RRO 1990, Reg. 851: INDUSTRIAL ESTABLISHMENTS
Section 45(a)
Occupational Health and Safety Act
Section 25(1)(c)
Crown Counsel:
Dan Phelan
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