Crown pushes for larger fine for N.S. man guilty of workplace safety charges

Crown prosecutors are pushing for a stiffer penalty for a Halifax man who pleaded guilty to workplace safety charges following the death of a mechanic more than six years ago.

Elie Hoyeck, a former auto repair shop owner in Westphal, N.S., was fined $27,250 last month. 
 
At the time, Judge Elizabeth Buckle said the penalty needed to reflect the gravity of the offence but "it must not be crushing."

In a notice of summary conviction appeal filed in the Supreme Court of Nova Scotia on June 25, the Crown asked for the fine to be increased to $67,500 instead. 

In an interview, senior Crown counsel Alex Keaveny said the $27,250 fine doesn't match up with the severity of the case.

"The Crown wants a sentence that will send a message — to not just Mr. Hoyeck, but really to everyone that this kind of approach to safety isn't right," he said.

"Our view is that the sentence that was imposed just doesn't send that message."

Hoyeck was investigated following the death of mechanic Peter Kempton in September 2013.

Kempton suffered fatal burns while attempting to use an acetylene torch to remove a gas tank from a derelict minivan at Your Auto Mechanic Corner, a repair shop owned by Hoyeck that has since closed.

Hoyeck pleaded guilty to three violations of Nova Scotia's Occupational Health and Safety Act in September 2019.

He admitted to failing to ensure the safety of his workers, operating an uncertified car lift with its safety mechanisms disabled and failing to have an emergency response plan in place for working with hazardous materials.

Fine breakdown

On June 5, Hoyeck was fined $5,000 for each of the three offences, along with $2,250 in surcharges. He was also ordered to do 25 hours of community service and must make a $10,000 donation to the Minister's Education Trust Fund.

The Crown is recommending that Hoyeck be fined $50,000 for the three offences and have the surcharges raised to $7,500. It also recommends he instead do 100 hours of community service. The $10,000 donation remains unchanged.

"We think [the fine] needed to be a lot more severe to send a message that needed to be sent," said Keaveny.

Reached for comment by email, Trevor McGuigan, Hoyeck's lawyer, said he was "surprised" to learn the Crown had appealed.

"The sentencing judge's decision was thorough. All relevant issues and arguments were considered and addressed," he wrote. "The judge imposed a significant financial penalty that was consistent [with] other cases in this province. Also, sentencing judges are afforded considerable deference on appeal."

Keaveny, though, said there aren't many cases similar to this in Nova Scotia, and the cases cited by the judge at the time often involved a lapse in judgment rather than consistent unsafe work practices.

"Part of what we're asking the Supreme Court to do is give us some guidance on what the ranges are because there isn't a clear range in the case law," he said.

The Crown will appear in court Thursday to make a motion to set a time, date and place for the hearing of the appeal, as well as deadlines to file transcripts, briefs and exhibits.