Engineer twice declined to provide a sworn statement to police, says report
An engineer who certified an unsupported trench in North Burnaby – where a worker was killed – was fined and investigated by police before becoming a Crown witness in the ongoing criminal negligence trial of J. Cote and Son Excavating Ltd. and foreman David Green.
According to Burnaby Now, engineer Edward Yip, the principal consultant for Earthbitat Engineering Inc., admitted to unprofessional conduct after approving the trench where 28-year-old pipe layer Jeff Caron died in a collapse 12 years ago. The incident also left another worker, Thomas Richer, injured.
J. Cote and Green are facing charges of criminal negligence causing death and criminal negligence causing injury. Green is also charged with manslaughter. Both have pleaded not guilty.
Safety certification and regulatory breaches
Yip had been hired by J. Cote at the start of a City of Burnaby sewer replacement project to provide a professional assessment of trench stability. He issued a certificate stating that the excavation was safe for workers without the need for shoring or sloping, provided certain conditions were met. The certificate was valid for 14 days.
WorkSafeBC regulations require trenches deeper than four feet to have protective systems unless certified by an engineer. However, Burnaby Now reported that no shoring box or cage was in place when the trench collapsed.
During cross-examination, Yip testified that he had examined soil conditions by inspecting a single test hole but had not assessed the entire site or evaluated structures near the excavation.
"I was expecting that when they come to an improvement or structure adjacent to the excavation then they will have to do a follow-up because there were so many different improvement and structures," Yip said.
He also confirmed that J. Cote did not request any additional inspections before the collapse occurred.
Professional misconduct and disciplinary action
In court, defence lawyer William Smart questioned Yip’s approach to the project, suggesting he should have conducted a more thorough assessment of the site and surrounding hazards.
"You didn't need to walk the project?" Smart asked.
"No," Yip responded.
"You didn't need to give them advice or instructions on adjacent structures or improvements?"
"No, unless they call and ask for specific evaluation."
Smart then presented a document from Engineers and Geoscientists BC, dated March 2023, which detailed disciplinary action taken against Yip. The regulatory body fined him $10,000 and ordered him to pay $5,000 in legal and investigative fees for unprofessional conduct.
According to Burnaby Now, Yip admitted to failing to inspect “the whole area in which the trench could reasonably be expected to have been excavated over the 14 days for which his report’s certification applied.”
He also acknowledged that he had not considered nearby structures when issuing his certification and had failed to specify safety distances or outline steps for safe excavation near structures.
As part of the disciplinary process, Yip resigned from Engineers and Geoscientists BC in December 2022 and agreed never to reapply for membership.
Yip was also investigated by the RCMP following Caron’s death. Under cross-examination, he confirmed that he twice declined to provide a sworn statement to police, according to Burnaby Now.
