Company and former supervisor charged in fatal trench wall collapse
The criminal negligence trial of J. Cote & Son Excavating Ltd. and its former foreman David Green begins today in Vancouver at the B.C. Supreme Court. The case, arising from a 2012 workplace incident in North Burnaby, marks a rare application of Canada’s Westray Law, which holds individuals and companies criminally responsible for workplace safety failures resulting in serious harm or death.
The 2012 incident
The trial centres on an October 2012 construction accident that claimed the life of 28-year-old pipelayer Jeffrey Caron and injured another worker. During sewer line installation, a retaining wall adjacent to an excavated trench collapsed, burying the workers under debris. Investigators from WorkSafeBC later identified safety deficiencies at the site, including the failure to account for the hazards posed by the retaining wall.
WorkSafeBC’s report found that an engineer had reviewed the site prior to the accident, but the assessment did not address the risks associated with the retaining wall. Prosecutors allege that both the company and Green, the foreman at the time, acted with criminal negligence by continuing with the excavation under these circumstances.
Legal context
This trial represents only the third instance of a Westray Law prosecution in British Columbia since the amendments were introduced to Canada’s Criminal Code in 2004. The law was designed to enhance accountability for workplace safety by targeting negligence at all levels of an organization, from frontline supervisors to corporate executives. However, the scope of its application has been a topic of debate.
“When the Westray amendments were made to the Criminal Code, the idea was that company management and directors would face greater scrutiny,” says Graeme Hooper, associate counsel with Mitha Law Group. “But the reality in practice is that the law is used to prosecute frontline supervisors more than any other individual.”
Green, as the individual defendant, faces the potential of jail time if convicted. J. Cote & Son Excavating Ltd., as a corporate entity, cannot be imprisoned but may face substantial fines.
Engineering and responsibility
WorkSafeBC’s investigation adds a layer of complexity to the case. Hooper highlights that the incident involved engineering oversight, making it distinct from cases where safety measures were entirely absent.
“At least as reported by WorkSafeBC, this is not a simple case of an employer failing to assess the safety of an excavation,” he explains. “WorkSafeBC found that there was engineering done for the excavation. However, WorkSafeBC found that the professional engineer failed to identify the hazards of an adjacent structure—a retaining wall—that ultimately collapsed. I would anticipate that evidence will play a role into whether the accused here—the excavation company and its foreman—acted with criminal negligence when they proceeded with the excavation work.”
Prolonged timeline
The extended timeline leading to the trial has drawn attention to the differences between regulatory and criminal cases. While regulatory offenses, such as those prosecuted under British Columbia’s Workers' Compensation Act, are typically bound by a two-year limitation period, criminal negligence cases face no such constraints.
“Here, an event that occurred in 2012 gets charged in 2023 and goes to trial in 2025,” says Hooper. This lack of a statute of limitations for criminal charges highlights the enduring nature of accountability in such cases.
Broader implications
The trial is being closely observed by workplace safety professionals and industry stakeholders. It raises questions about the application of the Westray Law, the role of engineering oversight in construction safety, and the division of responsibility among supervisors, engineers, and corporate leadership.
The outcome could influence future prosecutions under the Westray Law and reinforce the importance of robust safety planning in construction and other high-risk industries. For the families of the victims and those impacted by the collapse, the trial represents a significant moment in the long journey toward closure.
