The court case involving an Orillia crane operator who faces criminal negligence charges in connection to a 2021 construction site fatality in Barrie is scheduled to resume June 19.
However, the criminal charges against the construction firm, North Steel, have been withdrawn.
Donald Paul Balkwell, 60, of Orillia, has been charged with criminal negligence causing death. He was arrested by Barrie police on Nov. 29 last year in relation to an incident at a work site in Barrie that occurred on June 24, 2021, resulting in the death of 52-year-old Orillia resident Corey Phillips.
On Dec. 1, city police also charged North Steel with criminal negligence causing death. Police say the company was responsible for the supply and installation of structural steel at the site.
Police say the investigation determined that the crane that was in use at the site — an eight-storey, affordable housing project near Boys Street, east of Anne Street — had tipped over, causing Phillips to be knocked down and pinned under several steel beams. He was pronounced dead at the scene.
As a result of a joint investigation by Barrie police and the Ministry of Labour, police allege that Balkwell, who had been operating the crane at the time of the incident, was not licensed to operate the crane. Police also allege the crane being used had been mechanically altered to allow it to extend past its rated capacities.
Last week, the criminal charges against North Steel were withdrawn, but the five Ministry of Labour charges against North Steel remain.
The three occupational health and safety charges against Balkwell on May 31, 2022 were stayed on March 13 of this year, but he still faces criminal negligence charges.
None of the allegations have been tested in court.
