SENTENCING IN WORKPLACE FATALITY ADJOURNED
A sentencing hearing on workplace safety charges from a fatal explosion at a Westphal automobile repair shop in 2013 has been postponed until November at the defence’s request.
Elie Phillip Hoyeck, owner of the former shop, pleaded guilty Sept. 3 in Halifax provincial court to three offences under the province’s Occupational Health and Safety Act: failing to ensure the safety of employees, failing to adequately maintain work equipment and failing to develop a written emergency procedure.
Judge Elizabeth Buckle was scheduled to hear sentencing submissions Tuesday, but defence lawyer Trevor McGuigan sought an adjournment.
“There are some issues that require some further attention prior to commencing the hearing,” McGuigan told the court. “In addition to that, I am in the process of gathering some information on behalf of Mr. Hoyeck that will be useful for the hearing.”
Crown attorney Alex Keaveny did not oppose the adjournment request.
The judge rescheduled the hearing for the afternoon of Nov. 1.
Mechanic Peter Kempton was using an acetylene torch to take a gas tank off a derelict minivan at Your Mechanic Auto Corner on Sept. 20, 2013, when an explosion occurred.
Kempton, 58, suffered burns to 90 per cent of his body. He died in hospital the next day.
Hoyeck, 45, was found not guilty in Nova Scotia Supreme Court last January on a charge of criminal negligence causing death.
Justice James Chipman ruled that the Crown failed to prove Hoyeck or the “deplorable state” of his shop caused the death.
He said there was no evidence Hoyeck ordered Kempton to use the torch to remove the gas tank or that Hoyeck knew his employee was going to use the torch.
“Given all of the evidence, I must find that the tragedy that befell (Kempton) was brought on by his own negligence,” the judge said.
RCMP and the provincial Labour Department laid the criminal and regulatory charges against Hoyeck in September 2015, almost two full years after the incident.
The safety charges were put on hold at Hoyeck’s request until the criminal matter was resolved.
Because there was a fatality, the maximum available penalty under the Occupational Health and Safety Act is a $500,000 fine.
Earlier this month, Keaveny said he is seeking a “significant” financial penalty.
Hoyeck now operates an auto sales and service business in Milford. He also owns two establishments in Prince Edward Island: a pizza shop in BordenCarleton and an auto sales business in North Bedeque.