WORKPLACE HEALTH AND SAFETY - Employer obligations - Safety of workplace - Supervision

Law360 Canada (December 8, 2022, 6:35 AM EST) -- Trial of Great Lakes Food Company Ltd. who was charged on a two-count information. The Donna F was a 68-foot trawler fishing boat owned and operated by Great Lakes Food. It was sailing to Long Point to fish for smelt. Great Lakes Food was the employer on the date of the incident. Smith was a worker. The Donna F was a workplace. On March 23, 2022, the Donna F set sail on Lake Erie from Port Dover, Ontario, with a crew of three, including the lead deck hand, Smith, who went overboard and was not recovered safely. The air temperature on the day of the incident was cold, but above freezing. Environmental conditions on March 23, 2022 were near perfect with light wind, calm to six-inch waves and clear visibility. As the Donna F reached its anticipated fishing destination, the water was calm and there was very little wind. The temperature of the water was cold (just above freezing). At the end of the first day of trial, Crown counsel conceded that count 1 on the Information could not be proven and as such that count was marked withdrawn....
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