Jan 15, 2016 in News Negligent Supervision

Negligent Supervision: Project manager sentenced to criminal negligence in scaffolding collapse.

The holiday season is a traditionally bad time for personal injuries. Between a spike in impaired driving cases, holiday party liability, injuries sustained while installing Christmas decorations, and slip and fall situations due to snowy and icy weather, the month of December keeps emergency responders, law enforcement, and personal injury lawyers busy. In some cases, though, holiday tragedies have more to do with unlawful, negligent behaviour than seasonal circumstances. On Christmas Eve 2009, a scaffolding collapse left Alexander Bondorez, Aleksey Blumberg, Fayzullo Fazilov, and Vladimir Korostin - all between the ages of 25 and 40 - dead. The four men, all eastern European immigrants, were conducting balcony repairs on a high-rise apartment building on Kipling Ave, south of Steeles Ave West in Toronto. A fifth man, Dilshod Marupov, was severely injured in the accident. He was left barely able to walk and suffering from chronic pain. Victims of debilitating workplace injuries should contact a personal injury lawyer immediately, and indeed Marupov is seeking more than $18 million in damages. For his role in the tragedy, project manager Vadim Kazenelson was found guilty of four counts of criminal negligence causing death and a single count of criminal negligence causing bodily harm in June 2015. On January 11, he was sentenced to 3 years in prison. According to sentencing judge Ian MacDonnell, Kazenelson was fully aware that only two of his five workers were harnessed, one incompletely. Nonetheless, he allowed them to board a swing stage 30 metres off the ground. Victims of this sort of dangerous negligence need not rely solely on the criminal justice system. They may also consult with a personal injury lawyer to discuss potential compensation. Judge MacDonnell believes monetary gain was behind Kazenelson's decision to allow his men to work in "manifestly dangerous conditions." A $50,000 bonus was promised to Kazenelson's company, Metron Construction Inc., if the repairs could be completed by New Year's Eve. As of December 24, work was behind schedule. Kazenelson is expected to appeal the sentence, which Judge MacDonnell made significant specifically to send a message to other employers. His ruling has drawn praise from several fronts. "I hope this certainly opens up the eyes of every employer out there to protect every worker's health and safety," said Sylvia Boyce, health and safety co-ordinator at the United Steelworkers, national office. "I think it's important that there is jail time for those that are criminally negligent." Chris Buckley, President of the Ontario Federation of Labour, also praised the ruling, calling it "historic". "Every employer should have shivers up their spines today," Buckley said. "Bosses cannot expect that it's all about money. Families have been destroyed here. This is not just about profits any longer. This is about health and safety of workers." The case is particularly significant as it marks the first time anyone in Ontario has been sentenced to prison under federal Bill C-45, otherwise known the Westray Bill, which was passed in March 2004. The bill is named after a 1992 methane gas explosion in a Plymouth, Nova Scotia coal mine which resulted in the deaths of 26 workers. If you or a member of your family has experienced a workplace injury, or has been injured by an act of negligence, it is imperative that you seek immediate legal guidance, as you may be ennamed to compensation for your injuries. Contact a Neinstein Personal Injury Lawyers personal injury lawyer today for a free, no-obligation consultation.