Final results of case against Interpaving
Interpaving was initially reported to plead guilty, but decided to plead not guilty to one charge after two of them were dropped. The company says settling the case is the right fthing to do to spare the victim's family from re-living the event.
After hearing an agreed statement of facts from the company and the Ministry of Labour, the judge found the company guilty of failing to provide a traffic signaler to a grader operator.
David McCaskill was the Crown Prosecutor on the case.
"Defence council and I worked cooperatively. We were able to come to this resolution of the case. It's not a particularly unusual way of doing things that is that they enter a plea of not guilty for the record, but then are found guilty by the court after agreeing to certain set of facts." said McCaskill.
The company declinded an on-camera interview, but provided a written statement:
"The city also had a contract with the Greater Sudbury Police Service to provide paid duty officers, when requested by the city, to direct and protect motor vehicle and pedestrian traffic on the project where Interpaving employees were working."
The judge heard on September 30th 2015, the city did not arrange for police to direct traffic and that the victim was walking against a red traffic signal when she was hit.
Ontario Court Justice Andrew Buttazoni levied a fine of $195,000 saying it does not reflect the loss of life and that no amount of money can be attributed to that.
In a Sudbury courtroom Monday, a trial involving the City of Greater Sudbury and the construction company, Interpaving, was adjourned until Wednesday.
Both the city and Interpaving are facing health and safety charges laid by the Ministry of Labour in relation to a pedestrian death that occurred in 2015.
In September of 2015, a 58-year-old woman, Cecille Paquette, was killed after being run over by a grader on Elgin Street in downtown Sudbury during road construction. It was a $1.4-million city project contracted to Interpaving.
A prosecutor with the Crown's office confirmed Interpaving will plead guilty on Wednesday to charges. The company is facing three charges:
- Not providing signal operators for the grader operators
- Not erecting a fence to separate the public from the construction site
- Not implementing a traffic control plan
It is not clear which charges they will plead guilty to.
Meanwhile, the City of Greater Sudbury is facing seven charges under the Occupational Health and Safety Act, including the same three offences as Interpaving and others related to failing to properly oversee the project.
The city plans to proceed to trial which will get underway Wednesday.
After the fatality, the city barred Interpaving from bidding on municipal contracts, yet it still does work for the city under other companies.
The family of the victim is suing the two for $2-million.
Interpaving of Sudbury was found guilty on Wednesday of one charge under the Occupational Health and Safety Act after the death of a woman on a construction site in September 2015.
The judge ruled that the construction company failed to provide signallers for the grader when Cecile Paquette was killed in downtown Sudbury.
The company has been fined $195,000 and is also facing a 25% victim surcharge.
Meanwhile, the City of Greater Sudbury is also facing seven charges under the Occupational Health and Safety Act.
That trial is currently underway.