Court of Appeal for Ontario

ONTARIO COURT OF JUSTICE

B E T W E E N: HER MAJESTY THE QUEEN Prosecutor

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CONSBEC INC. Defendent

AGREED STATEMENT OF FACTS

1. Consbec Inc. is an Ontario registered company headquartered in Val Caron, Ontario.

2. At all material times, the company was contracted to do blasting work in connection with the construction of the Red Hill Creek Expressway.

3. One of these blasts occurred on August 4, 2004.

4. Due to, primarily, the lack of sufficient open space in front of the rock face, coupled with the additional explosive energy of “helper holes” (which had been drilled and filled with additional explosive after an unsuccessful blast 6 days earlier), the blasting mats placed on top of the blast were unable to contain the flyrock resulting from the insufficient relief. 2

5. The flyrock dispersed into a residential area just south of the site and showered the area causing a variety of damage. Flyrock went through the roof at 71 Davis Crescent breaking through shingle and plywood and creating a hole approximately 10 inches in diameter in the drywall ceiling of the upstairs guest room. The flyrock also damaged a vehicle parked in front of 79 Davis Crescent, and damaged a vehicle and driveway as well as some house brick and a fence board at 75 Davis Crescent.

6. There had been a previous incident on July 16, 2004 when the defendant detonated a blast which caused a piece of rubber matting approximately 12-18 inches long to separate from a blasting mat and travel off site in an easterly direction . The pieces of blasting mat hit and damaged the roof of a house at 83 Kingsview Drive, Hamilton and then landed in the yard.

7. Neither of these incidents was reported to the Ministry of the Environment (MOE) by Consbec or a representative.

8. The defendant has paid to repair the damage caused in both of the incidents.

DATED at Hamilton, this 29th day of January, 2008.

______Edmond Paquette Jerry Herlihy Counsel for the Defendant Counsel for the Crown