Executive Summary
- Crown prosecutors are seeking a $1 million fine for criminal negligence causing death.
- The defense has proposed a total penalty of $345,000 citing financial hardship and improved safety protocols.
- The case stems from a 2012 trench collapse in Burnaby, B.C., that killed one worker and injured another.
- Justice Michael Brundrett has reserved the sentencing decision until April 16.
British Columbia Crown prosecutors formally requested a $1 million fine against J. Cote & Son Excavating during a sentencing hearing at the B.C. Supreme Court, arguing that the penalty for the company’s criminal negligence conviction must be severe enough to serve as a deterrent rather than a mere cost of doing business.
The sentencing hearing, held on February 26 and 27, follows a December ruling in which the company was found guilty of criminal negligence causing death and injury regarding an incident in October 2012. The trench collapse in Burnaby resulted in the death of pipelayer Jeff Caron and severe injuries to Thomas Richer when a retaining wall failed. B.C. Supreme Court Justice Michael Brundrett has reserved his decision on the sentencing until April 16.
Prosecutors Louisa Winn and Emmanuelle Rouleau argued that the fine must be punitive given the severity of the offense. Winn stated to the court, "The sentence must reflect denunciation and general deterrence for workplace deaths. Ability to pay is not determinative." She further noted that under subsection 718.21 of the code, which guides sentencing for organizations, the prospect of bankruptcy should not preclude an appropriate fine, warning that "if serious financial discomfort barred large fines, deterrence could collapse."
According to the prosecution, the requested $1 million figure represents approximately two years of the company’s net profits. Rouleau emphasized that the penalty reflects the seriousness of the incident, a lack of safety protocols, and the need to protect workers in the hazardous construction industry. She referenced previous judicial comments stating that penalties must be significant enough that they cannot be considered simply as an operational cost.
Defense co-counsels Bill Smart and Nicole Gilewicz argued for a significantly lower fine of $300,000, which would total $345,000 with a victim surcharge. The defense highlighted the company’s efforts to rebuild its safety culture, noting that J. Cote & Son received its Certificate of Recognition (COR) in 2020. Smart asked the court to consider the $500,000 in legal fees already paid, $600,000 in outstanding debts, and pending civil lawsuits totaling $2 million. The company also agreed to pay restitution for the Caron family’s funeral expenses and Richer’s medical costs.
During the proceedings, prosecutors cited limited case law but pointed to the 2013 Metron Construction case, where a fine was increased to $750,000 on appeal following a swing stage collapse in Toronto. They also noted the Detour Gold Corp case in 2017, which resulted in a $2.4 million payment including restitution. Sean Tucker, a University of Regina professor monitoring the hearing, told the court, "This has cost the company significantly in terms of the amount of dollars," reinforcing the financial impact of safety failures.
Regulatory Oversight
This sentencing hearing underscores a critical shift in how the Canadian judicial system approaches corporate liability for workplace fatalities. The prosecution’s insistence that financial viability should not limit punitive fines signals a potential hardening of legal standards aimed at enforcing industrial safety. By invoking precedents like the Metron Construction ruling, the Crown is seeking to establish a rigorous financial deterrent, suggesting that future rulings may increasingly prioritize the denunciation of negligence over a corporation’s immediate solvency.
