The owners of Somerset House have been fined $50,000 after pleading guilty to two charges brought by the Ontario Ministry of Labour in relation to the collapse of an interior wall in October, 2007.
Justice of the Peace Claudette Cain announced her decision this afternoon.
“It’s important here that the penalty sends a message to TKS Holdings and to all owners of heritage property as well as potential developers who may be embarking on similar projects,” said Cain. “The highest regard for the safety of workers and the public is paramount.”
TKS Holdings Inc., operated by Tony Shahrasebi, is the company that owned Somerset House.
Cain postponed her decision about the fine in December to examine similar cases presented by both the prosecution and defence. Cain called the cases submitted by the prosecution “most unhelpful” in regards to providing any guidance to determine the appropriate penalty.
“The prosecution emphasized on the importance of a general deterrent and stated that fines are supposed to create hardship,” said Cain. “The circumstances and the size of the company must factor in when determining an appropriate penalty.”
The defence cited 12 cases, and Cain said these cases held “significant similarities” to the situation surrounding the collapse of Somerset House.
When the interior wall collapsed, five workers were on the building site and none were injured. One worker was trapped inside a Bobcat construction shovel, but was later rescued with no injuries.
Five of the 12 cases cited by the defence involved injuries. The range of cases that had no injuries received fines from $15,000 to $30,000.
“The justice of the peace made some really good comments with respect to the importance of health and safety and the importance of sending a deterrent message not just to this particular employer but to other employers,” said Grainne McGrath, standing in for the Ministry of Labour’s legal counsel, David McCaskill.
“A message of general deterrence is necessary to ensure the safety of workers and the public in similar future projects,” said Cain.
Somerset House is one of 3,800 designated heritage buildings in Ottawa.
Shahrasebi also owns two other businesses in addition to TKS Holdings Inc. In 2008 TKS Holdings lost $85,000. The justice of the peace recommended a period of one year to pay the $50,000 fine. Shahrasebi raised his hand from his seat and asked for two years to pay the fine.
“How are you supposed to pay, when you have no income out of the property for the past five years?” asked Shahrasebi.