A supervisor for an Ontario dump truck firm has been sentenced to five years in prison after being convicted of criminal negligence causing the death of a firm driver in 2020.
  
The court found Ecuacan Excavating Inc. supervisor, Milton Urgiles directed Denis Garant, a driver under his supervision, to drive a truck that was not road worthy, thus showing “a wanton and reckless disregard for Mr. Garant’s life.”
 
The lengthy trial ended with sentencing on Tuesday, February 18, 2025. Reports of remarks made by Ontario Superior Court Justice Mary E. Vallee echoed her written judgement issued July 12, 2024. “But for Mr. Urgiles’ failure to maintain the front tires, the Freightliner’s (the dump truck’s make) front left tire would not have exploded. The collision would not have occurred. Mr. Garant would not have died. I am convinced beyond a reasonable doubt that Mr. Urgiles is guilty of criminal negligence causing death,” wrote Justice Vallee.
 
Among aggravating reasons for the five-year sentence were Garant’s report to Urgiles of truck steering issues (related to bald tires) the evening prior to his death and the protracted nature of the neglect. Summarizing expert testimony Justice Vallee wrote, “A lengthy amount of time and mileage would be required (for the tires’ wear). … “the Freightliner’s steering would be directly impacted by the condition of the tires. … Anyone walking toward a truck or around it can see whether there is any tread on the tires.”
 
WHSC SUPERVISOR TRAINING is an important step towards competency and compliance

The preventable tragedy

On the morning of September 22, 2020, Denis Garant was driving a dump truck, owned by Ecuacan, along a rural road near Alliston, Ontario. The front left tire exploded, impacted the steering, and caused the truck to veer into a ditch and struck a tree. Mr. Garant, a 53-year-old father and husband was killed instantly.
 
The court heard Mr. Garant told his supervisor, Mr. Urgiles, he was concerned with the truck’s steering on the night before the fatal crash. Mr. Urgiles testified he checked the steering and tires for defects and found nothing wrong. He said he spoke with Mr. Garant on the morning of the fatal incident informing him he found no issues with the truck and to proceed with work.   

The evidence 

Mr. Urgiles maintained throughout the trial the crash was a result of driver error. The expert testimony of others refuted this assertion.  
 
Ontario Provincial Police (OPP) Sergeant Bill Millar, an expert in collision reconstruction and automotive condition and repair told the court, “The collision was a result of the truck’s having an improperly maintained left front tire.  It was worn out.  The tread depths were below the minimum standard and the cords were exposed. The front left tire blew, causing the vehicle to veer to the left off the road and to strike a tree.  This mechanical failure resulted in the driver’s fatal injuries.”
 
Sergeant Millar added, “The condition was very obvious to the naked eye. Regardless of whether a person was unfamiliar with doing a truck circle check or did an improper check, a person would not miss seeing the bald tires.”
 
Now-retired OPP officer Brian McLaughlin, also an expert witness who inspected the truck at the scene and at a yard after it was removed from the crash scene, provided similar evidence. He testified, “The left front tire was worn down to the point that it became disabled. It was worn out and exploded. It pulled the truck to the left side of the road and into the west ditch. This was the cause of the collision.”
 
Mr. McLaughlin also noted the bald tire “would be considered a major defect on an inspection.”
 
Marlon Da Silva was driving behind the dump truck at the time of the incident. Mr. Da Silva, an expert in automotive, truck and coach mechanical work and repairs, told the court there was nothing remaining of the left front tire and the front right tire was pretty much bald. He explained “This type of wear would not happen overnight.” He went on to testify “Because of the wear on the tire, the truck should not have been on the road.”

The law

In 2004, Canada’s Criminal Code was amended by Bill C-45, commonly referred to as the Westray Bill. This established new rules for attributing criminal liability to organizations and individuals, including supervisors, who direct the work of others but do not take reasonable steps to prevent bodily harm and instead show a wanton and reckless disregard for workers’ lives and safety (s. 217.1 and 219).
 
These changes were in response to the Westray mine disaster in Pictou County, Nova Scotia on May 9, 1992. Twenty-six men were killed in what was deemed an entirely foreseeable and preventable incident.

The outcome

In her further reasons for a judgement of criminal negligence, Justice Vallee explained, “Mr. Urgiles knew that tires can fail and that if they do, the consequences can be fatal. He knew that the proper function of a commercial vehicle’s steering is critical to the safety of the driver. Common sense dictates that losing control of a dump truck can be fatal and/or cause bodily harm. Mr. Urgiles acknowledged this in his evidence when he stated that it is “every driver’s nightmare.” 
 
Citing the Criminal Code, Justice Vallee concluded, “Mr. Urgiles had a duty under s. 217.1 of the Criminal Code as Mr. Garant’s supervisor to take reasonable steps to prevent bodily harm to him arising from Mr. Garant’s work as a driver for Ecuacan. Mr. Urgiles knowingly failed to take the action required of him by law: to take the Freightliner to a licenced mechanic, for inspection and repairs after Mr. Garant complained about the Freightliner’s steering. Rather, Mr. Urgiles directed him to drive the Freightliner less than 12 hours after the complaint. Mr. McLaughlin stated that the Freightliner’s steering would be directly impacted by the condition of the tires. He testified that anyone walking toward a truck or around it can see whether there is any tread on the tires. I am convinced beyond a reasonable doubt that Mr. Urgiles was criminally negligent.”

Related resources
Reasons for judgement finding Mr. Urgiles guilty
Canada’s Criminal Code (s. 217 and 219)
Corporate Criminal Liability 2004-2022: A review of legal cases since the enactment of the Westray amendments to the Criminal Code of Canada
Supervisor negligence leads to worker death AND prison sentence

WHSC can help

Ontario’s Occupational Health & Safety Act (OHSA) requires employers to appoint a competent person as a supervisor. A competent person is:

• qualified because of knowledge, training and experience to organize the work and its performance,
• familiar with the OHSA and Regulations that apply to the work, and
• knowledgeable about any potential or actual danger to health or safety in the workplace.

Employers are also required to ensure supervisors complete occupational health and safety awareness training and be competent to carry out their significant obligations to protect workers. This must be done within one week of performing work as a supervisor and must address a wide range of topics, including their significant obligations to protect workers and how to recognize, assess and control workplace hazards. 
 
Workers Health & Safety Centre (WHSC) is Ontario’s only government-designated health and safety training centre and a leading provider of mandatory and essential training. This includes Supervisor Health & Safety Training that meets and exceeds mandatory training standards.

REGISTER FOR SUPERVISOR TRAINING to assist with competence and compliance.

We also offer training designed to help employers, supervisors, workers and others understand the 2004 Criminal Code amendments that resulted from Bill C-45, commonly referred to as the Westray Bill. Explored are the concepts of criminal negligence and criminal liability along with specific related duties of workers, lead hands, supervisors, members of joint committees and employers as it relates to the Westray Bill.
 
Need other essential and legally mandated training such as joint health and safety committee certification, health and safety representative training for smaller workplaces, GHS-WHMIS, workplace violence and harassment, construction health and safety awareness, working at heights, and worker health and safety awareness.

Want to see our complete training catalogue and upcoming scheduled training opportunities.

Unsure of your workplace training needs? Contact a WHSC training service representative near you who will be happy to help.

Do you need training in French? Contact WHSC representative Christopher Gervais at cgervais@whsc.on.ca or 613-407-2187.

Need more information?
Contact a WHSC training services representative in your area.
Email: contactus@whsc.on.ca
Visit: whsc.on.ca
Connect with and follow us on X, Facebook, LinkedIn, Instagram and YouTube