Company fined $100,000 following injury to young worker

A Calgary-based company pleaded guilty and has been fined $100,000 after a young worker suffered permanent injuries.

The company, Tervita Corporation, was the constructor of a City of Barrie project to reclaim landfill at a site located at 272 Ferndale Drive North in Barrie.

On March 5th, 2015, a young worker (a person under the age of 25) employed by Tervita was operating a city-supplied trommel machine in the landfill. The machine is used to screen and separate material.

The worker was using a tool known as a “pick” to clear the trommel when it filled up with material being screened. While performing this task, the worker was pulled into an exposed pinch point on the machine created by the drive wheels.

The worker was able to get free but suffered injury that required medical attention.

Section 109 of Ontario Regulation 213/91 – the Construction Projects Regulation – states that every gear, pulley, belt, chain, shaft, flywheel, saw and other mechanically-operated part of a machine to which a worker has access shall be guarded or fenced so that it will not endanger a worker. This was also a violation of the Occupational Health and Safety Act.

The company pleaded guilty and was fined $100,000 by Justice of the Peace Cheryl B. McLean in provincial court in Barrie on November 1, 2016.

In addition to the fine, the court 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.

New and young workers in Ontario are more likely than older and more experienced workers to be injured on the job, especially during their first three months on the job.

The case was heard by Justice of the Peace Cheryl B. McLean in the Ontario Court of Justice/Provincial Offences Court at 45 Cedar Pointe Drive in Barrie, Ontario

Further 58 days behind bars following threat to slit Trustee’s throat

A 26 year old Bracebridge man will serve a further 58 days behind bars for threatening bodily harm against a Trustee who was put in charge of providing him money.

Justice Glenn Krelove heard the case in Bracebridge court Tuesday.

Crown Attorney Ted Carleton said the threats were made by phone on February 12th of this year.
They were made, he said, while the Trustee believed the accused was still in Simcoe County.

“The threat, going straight to the offense, was quote: ‘that unless (the Trustee) gave him more money, he would, quote: “slit his throat and come up and finish off his family,”‘ said Carleton.

Court heard the arrangement between the accused and the Trustee was such that the Trustee had been put in charge of providing him with money on, effectively, a daily basis. Things started to quickly deteriorate, said Carleton, when the accused started requesting money for non-essentials matters.

The Trustee, who is the accused’s uncle, had been in the role since July 2014. Carleton said similar issues with regards to the money requests had come up many times prior to the threat.

Court heard the Trustee made a statement to police once the threat was made, but had not initially wanted to pursue charges.

He subsequently decided to pursue them, when, just two days later, the accused left a voicemail referring to the initial comments – something that made the Trustee fear for his family.

The accused was arrested and taken into custody on February 17th – he was still under a 2 year probation order at the time to keep the peace after damaging the Trustee’s truck following an argument about funds.

He was charged with breaching the terms of that probation.

In January court heard the accused was also placed on probation after another threat to a different individual. He was released on February 7th on that matter.

Justice Krelove found him guilty of uttering the February 12th threat and of breaching his probation.

Addressing the judge, the accused stated he didn’t believe the court hearing should have been held in front of other people.

“This matter is kind of personal,” he said.

Krelove responded by saying “this is a sad and unfortunate matter,” adding that he believed the uncle had only been trying to help him.

Krelove ordered that the accused go to prison for a further 58 days.

He also sentenced him to 58 days for the probation breach, which is to be served concurrently with the first sentence.

On top of this, he will be placed on 18 months probation following his sentence. The sentence takes into consideration the pretrial custody, which amounts to 32 days in the court’s eyes.

Court heard the accused has suffered from a brain injury stemming from a prior car accident, a development which resulted in his need for a Trustee.

His defence lawyer added that he is sometimes taken advantage of by other people who he associates with who know that he has a financial resource available to him.

One of his probation stipulations is that he not associate with the Trustee or his family. Another Trustee is being arranged for the accused.

Krelove reminded him that if he fails to follow the conditions, he will find himself back before the courts.

Prison time & fines for man convicted of stunt driving & cocaine possession

A man found guilty of stunt driving, cocaine possession and failing to appear in court has been handed a 50 day prison sentence.

51 year old Attila Vancsody’s case was heard Tuesday in front of Judge JD Evans in Bracebridge.

Court heard that on September 27th at 7:15pm, an OPP officer clocked the car Vancsody was driving on Highway 11 NB at 150km in a 100km/h zone.

He was stopped just south of Highway 118 East and was the sole occupant in the vehicle.

Crown Attorney Peter Heath said Vancsody was charged with stunt driving, admitting to the officer he had been in a rush.

Heath said he was placed under arrest and that a subsequent search of the vehicle’s trunk produced a white-blue powder and two spoons.

Heath said Vancsody told the officer the substance was ‘hydromorph’ but it turned out to be 1 gram of cocaine and he was charged with possession of it.

Vancsody was later also charged with two counts of failing to attend court – one for a missed court appearance on November 24th 2015 and another missed court date, February 9th 2016.

By Tuesday of this week, Vancsody had been in custody for 21 days.

In sentencing, Judge Evans ruled that Vancsody must pay a $500 fine on the stunt driving charge and a $200 fine for possession of cocaine.

He will also serve a further 30 days in custody on the first fail to appear in court charge. Evans sentenced him to time served (which amounts in this case to 32 days enhanced credit in the court’s eyes) plus a further 20 days behind bars for the second fail to appear.

Defence lawyer Jay Herbert indicated his client could have brought the case to trial, as the car he was stopped in wasn’t his. Instead, he offered guilty pleas at the first available opportunity, something the court tends to look favourably upon.

Vancsody, who is married and has five children, has no prior criminal record.

He has lived in Muskoka for the last 20 years, said Herbert, who added that he will likely now face difficulties at the border while trying to visit Costa Rica where his wife lives, due to the cocaine possession conviction.