Question: Case 3 : Corporation D&J Isley & Sons Contracting Ltd . ( D&J ) was a forestry / logging company that operated in northern Alberta
Case : Corporation
D&J Isley & Sons Contracting LtdD&J was a forestrylogging company that operated in northern Alberta for more than years. At one point they employed over people. Roy Isley was the sole shareholder and Chief Executive Officer of D&J He was, in essence, the company. In August the brakes failed on one of D&Js work vehicles out in the field. The vehicle slid down some steep terrain and crashed. D&J employees were injured, some severely. When there is a workplace accident in Alberta and other provinces Occupational Health and Safety, a provincial government department created under the Occupational Health & Safety Act the OHSA would conduct an investigation, and if necessary, lay charges. Occupational Health & Safety determined that D&J was aware there were issues with the vehicle, but they never properly fixed it D&J was charged and found guilty of counts under the OHSA. The penalty issued by the Provincial Court of Alberta was that D&J was required to pay a fine of $ plus a victim fine surcharge, and take additional remedial actions. These remedial actions included, amongst other things, having D&J staff attend safety courses, for D&J to enact company policies to enhance safety, and publicly acknowledge what they had learned from this incident.
Source: R v D&J Isley & Sons Contracting Ltd ABQB
By this point, D&J had essentially gone out of business, so in theory the company D&J would not have to suffer the consequences of the judgment. Does this seem fair to you, explain your answer.
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