Convicted: Ryan Wilkes, project supervisor at The Lake Partnership Inc.

Workplace Location: Residential construction site at 229 Riverside Drive, Toronto, Ontario.

Offence Summary: A worker sustained injuries after falling through an unprotected floor opening at a home under construction. As the site supervisor, Mr. Wilkes failed to ensure the worker’s safety by not implementing the required guardrail or protective covering, violating section 26.3(2) of Ontario Regulation 213/91 and section 27(1)(a) of the Occupational Health and Safety Act.

Date of Incident: December 20, 2022
Date of Conviction: September 27, 2024

Penalty:

  • After pleading guilty in Provincial Offences Court in Toronto, Mr. Wilkes was fined $10,000 by Justice of the Peace Ana C. Costa.
  • A 25 per cent victim fine surcharge was also imposed, as mandated by the Provincial Offences Act, with funds directed to provincial programs supporting victims of crime.

Case Background:

On the day of the incident, Mr. Wilkes was supervising a construction project involving workers from his company and two subcontracted framing crews. The building featured an elevator shaft with openings on each floor, including the first level.

At the time, the first-floor elevator shaft opening was covered with polystyrene insulation boards labeled “DO NOT STEP.” Despite the warning, a framer working on the first floor stepped onto the material, causing them to fall through the opening to the basement floor below.

An investigation by the Ministry of Labour, Immigration, Training and Skills Development determined that:

  • The polystyrene covering did not meet safety standards for protective coverings outlined in section 26.3(2) of the Construction Regulation.
  • No guardrail system was installed around the opening, as also required by the regulation.

As the site supervisor, Mr. Wilkes failed to ensure that workers used the required safety measures and devices, resulting in the conviction under Ontario’s workplace safety laws.