Judy Chan

McKenzie Lumber Inc. v. Her Majesty the Queen in the Right of Ontario (Ministry of Labour), 2016 ONCJ 533An employer operating a sawmill was convicted of violating Section 75(b) of Ontario Regulation 851 under the Occupational Health and Safety Act for failing to ensure that side cantors of an industrial saw machine were blocked as prescribed.A worker suffered crushing injuries when side-heads moved during maintenance because hydraulic power was not shut off.The trial Justice found that "blocked" requires a physical blocking mechanism, not merely shutting off hydraulic power.The appellant appealed, arguing the Justice erred in interpreting "blocked" and that the sentence of $48,000 was excessive.The appeal court upheld the conviction and sentence, finding no palpable error in the trial Justice's interpretation of the legislation in the context of worker safety.ONCJAug 30, 2016PBJCKMProRespondent Counsel