A Toronto construction company and two of its supervisors have been fined a total of $625,000 following the workplace death of an employee who was struck by a falling concrete block at a downtown construction site.
Limen Group Const. (2019) Ltd. was ordered to pay $600,000 after being convicted of failing to follow safety regulations and not taking reasonable precautions to protect workers. Two supervisors received fines of $10,000 and $15,000 respectively for similar safety violations.
The fatal incident occurred on Dec. 14, 2020, at a construction site at 38 Widmer Street in Toronto, where the company was subcontracted to perform formwork on a multi-storey condominium project.
Improper hoisting method led to tragedy
The worker was killed when a concrete block fell while being lifted by crane from the below-ground parking levels to ground level. The company had been using an unsafe method to hoist waste concrete, according to court findings.
Workers had been shovelling waste concrete into wooden bins with rebar placed in the bottom. When the concrete dried, the embedded rebar was used as a hoisting point for the crane. However, the rebar was not designed to be used as a hoisting point for anything more than a few feet.
The Ontario Court of Justice found the company guilty of failing to ensure that waste concrete was hoisted using attachment points suitable for that use. The court also determined the company failed to ensure workers were adequately trained and supervised regarding the hazard of using embedded rebar for hoisting.
Multiple safety violations identified
The company was convicted of violating section 25(1)(c) of the Occupational Health and Safety Act for failing to ensure prescribed safety measures were carried out at the workplace. It was also found guilty of not taking every reasonable precaution for worker protection under section 25(2)(h) of the Act.
The two supervisors were convicted of failing to take every reasonable precaution for worker protection, contrary to section 27(2)(c) of the Act.
Justice Apple C. Newton-Smith imposed the penalties following a trial in Toronto. Crown counsel Graeme Adams and William Robinson prosecuted the case.
Convictions upheld on appeal
The defendants’ convictions and sentences were upheld on appeal on June 3, 2025, by Justice Gillian E. Roberts.
The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge goes to a special provincial government fund to assist victims of crime.
