Trial looking into fatal Eastway Tank explosion postponed

The start of the trial against Eastway Tank, the Ottawa tanker manufacturer where six workers died in an explosion two years ago, has been delayed, with the dates for subsequent trial weeksnowalso in question.

A months-long, judge-only trial in Ottawa's Ontario Court of Justice against Eastway Tank and its owner Neil Greenewas slated to begin on March 4.

The province's Ministry of Labour charged Greene and the company withthree countseach under the province's Occupational Health and Safety Act, including allegedly failing to take reasonable precautions to protect workers.

Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson and Russell McLellandied inthe Jan. 13, 2022, explosion Ottawa's worst workplace incident in decades.

A sixth employee, Matt Kearney, succumbed to his injuries in hospital the next day.

Police still investigating

On Monday, lawyers on the case met in open court with Justice Mitch Hoffman for a trial management conferencean appearance meantto get everyone ready for the trial.

The lawyers agreed thedates for the first week of the trial, March 4 to 8, could be "given away."

A judicial pretrial, which gives both the Crown and defence a chance to raise pretrial issues with the judge, is still scheduled for this Friday.

"Regardless of the outcome of the judicial pretrial, we wouldn't need that [first] week for trial," Greene's lawyer Kirstin Macrae said. "We can confirm the other weeks, today, for trial, but that week we're prepared to give back."

The other scheduled trial dates will be discussed on Friday, court also heard.

The second week of the trial iscurrentlyslated for March 18.

Allegations against Eastway

The Ministry of Labour also alleged Eastway failed to ensurea truck "was free of gasoline or any other flammable liquid or substance" while work or testing that could ignite it was taking place nearby,according to court records.

An industry expert has told CBC this chargeaccuses Eastway of working on a "hot truck"an allegation previously made by several former Eastway employeeswho spoke to CBC after the explosion.

Those employees also alleged other examples of an unsafe work environmentincluding improper storage of flammable chemicals and earlier fires.Greeneat the time called those allegations "unfounded."

If convicted,Eastway would face a maximum fine of $1.5 millionand Greene would face a maximum fine of $100,000, jail time of up to 12 months, or both.

The act does not lay out minimum fines or jail sentences.

The Ottawa Police Service, which launched its own probe,said Monday itcontinues to actively investigate the explosion.