Interpaving found guilty of 1 charge following Sudbury pedestrian death

A Sudbury judge has found Interpaving guilty of one charge under the Occupational Health and Safety Act, following the death of a pedestrian in downtown Sudbury in 2015.

Justice Andrew Buttazzonifound the company guilty of failing to provide a signaller. The Crown requested a $195,000 fine be issued, which the lawyer representing Interpaving agreed to.

Originally, the company pleaded not guilty to the charge, but David McCaskill, a lawyer representing the Ministry of Labour says both sides agreed to have the statement of facts read in court.

"The grader was reversing, the view was obstructed, people were endangered and there was no signaller present," McCaskillsaid.

"Even though it wasn't officially a guilty plea, it was effectively the same thing at the end of the day since the judge has found them guilty."

The other two counts against the company were withdrawn by the Crown, including failing to have proper barricades and not having a traffic protection plan.

Cecile Paquette, 58, was killed after she was run over by a grader on Elgin Street in September 2015.

City also facing charges

In a statement, vice-president of Interpaving Jo Argento said the company was shocked and saddened about the death.

"By settling this case, it was our hope that the family could be spared reliving this event," he said.

"Our hearts go out to them. Settling this case was the right thing to do."

The statement goes onto say "the circumstances of this case did not demonstrate any material disregard on the part of Interpaving for the health and safety of its workers or the general public."

The company points out it was doing contract work for the city at the time, and that the city had a contract with police for traffic and pedestrian control.

"On Sept. 30, 2015, the city did not arrange for police officers to direct and protect motor vehicle and pedestrian traffic on the project where Interpaving employees were working," the company said.

The company also said Paquette was walking against a red traffic signal at the time of the incident.

The City of Greater Sudbury is also facing charges under the Occupational Health and Safety Act. That case starts Wednesday morning.