Trial looking into fatal Eastway Tank explosion postponed
The start of the trial against Eastway Tank, the Ottawa tanker manufacturer where six workers died in an explosion two years ago, has been delayed, with the dates for subsequent trial weeks now also in question.
A months-long, judge-only trial in Ottawa's Ontario Court of Justice against Eastway Tank and its owner Neil Greene was slated to begin on March 4.
The province's Ministry of Labour charged Greene and the company with three counts each under the province's Occupational Health and Safety Act, including allegedly failing to take reasonable precautions to protect workers.
Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson and Russell McLellan died in the Jan. 13, 2022, explosion — Ottawa's worst workplace incident in decades.
A sixth employee, Matt Kearney, succumbed to his injuries in hospital the next day.
Clockwise from top left: Matt Kearney, Etienne Mabiala, Danny Beale, Rick Bastien, Russell McLellan and Kayla Ferguson were killed by the Eastway Tank explosion. (Submitted photos)
Police still investigating
On Monday, lawyers on the case met in open court with Justice Mitch Hoffman for a trial management conference — an appearance meant to get everyone ready for the trial.
The lawyers agreed the dates for the first week of the trial, March 4 to 8, could be "given away."
A judicial pretrial, which gives both the Crown and defence a chance to raise pretrial issues with the judge, is still scheduled for this Friday.
"Regardless of the outcome of the judicial pretrial, we wouldn't need that [first] week for trial," Greene's lawyer Kirstin Macrae said. "We can confirm the other weeks, today, for trial, but that week we're prepared to give back."
The other scheduled trial dates will be discussed on Friday, court also heard.
The second week of the trial is currently slated for March 18.
Allegations against Eastway
The Ministry of Labour also alleged Eastway failed to ensure a truck "was free of gasoline or any other flammable liquid or substance" while work or testing that could ignite it was taking place nearby, according to court records.
An industry expert has told CBC this charge accuses Eastway of working on a "hot truck" — an allegation previously made by several former Eastway employees who spoke to CBC after the explosion.
Those employees also alleged other examples of an unsafe work environment including improper storage of flammable chemicals and earlier fires. Greene at the time called those allegations "unfounded."
If convicted, Eastway would face a maximum fine of $1.5 million and Greene would face a maximum fine of $100,000, jail time of up to 12 months, or both.
The act does not lay out minimum fines or jail sentences.
The Ottawa Police Service, which launched its own probe, said Monday it continues to actively investigate the explosion.
