WORKPLACE HEALTH AND SAFETY - Liability of directors and officers

Law360 Canada ( September 4, 2018, 8:46 AM EDT) -- Appeal by the Crown from the refusal of the trial judge to hold Antonio Merante personally responsible for the actions of Pro-Teck Electric (Pro-Teck). Merante was sole shareholder, officer and director of Pro-Teck. Pro-Teck was hired as an electrical subcontractor to do the electrical work for a renovation. Pro-Teck installed a heated floor during the renovation of a residential property. It failed to get a permit. The heating pad was incorrectly connected. There were no inspections that could have caught the error. An elderly resident fell on the heated floor and was badly burned. He later died in hospital. Pro-Teck pleaded guilty to three charges under the Electricity Act and was sentenced to fines totalling $430,000. It did not appeal because Merante had transferred its assets to himself and to a newly-created electrical contracting company, right around the time that the charges were laid. At trial, the prosecutor asked the court to pierce the corporate veil to hold Merante personally responsible for any fines imposed. The Justice of the Peace found she was without jurisdiction to make such an order....
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