Judge delays Somerset House decision

The conclusion of the Somerset House legal case has been delayed until January.

The sentence was to be announced today, but Justice of the Peace Claudette Cain said she will need extra time to consider the vast array of previous cases that are similar to this one.

The Ministry of Labour is seeking to fine Tony Shahrasebi, the owner of the heritage building on Bank Street and Somerset streets, for the collapse of a brick wall onto a construction vehicle and the minor injury of one worker.

It was "an absolutely avoidable incident," said Ministry of Labour's legal counsel David McCaskill.

He listed previous cases involving construction accidents that led to fines of between $120,000 and $130,000.

David Dwoskin, counsel for Shahrasebi, however, argued that those examples are incomparable. The companies in question were much larger. His defendant's business "is a small company. And it is not in good financial condition."

Last year, Shahrasebi's business lost $85,000, Dwoskin said.

Dwoskin presented recent cases that led to fines of between $20,000 and $30,000. He said the system should reserve the highest punishments for "the largest companies, the worst offenders and the worst offence. There was no callous disregard for safety here."

"I agree," said McCaskill. "Because if there was, I'd be standing here today asking for jail."

He defended his request for the larger fine saying that the fines should "create financial hardship" and "send a strong deterrent message."

However, in an effort to prevent Shahrasebi's bankruptcy, McCaskill recommended an extended payment option.

"I want to take the time to review all these cases," said Cain, and adjourned her decision to Jan 15.