A manager with Best Green Hedges Inc. pleaded not guilty of
criminal negligence causing death
at a judge-alone trial on Monday, more than two years after a 20-year-old employee died on the job.
Nicholas Chenier was working at a residential property in on Jean Park Road in Manotick for the hedge-trimming company on May 5, 2023. He was electrocuted when the hedge trimmer he’d been given for the job touched a 16,000 volt hydro line in the hedges.
Ontario’s Ministry of Labour, Immigration Training and Skills Development brought charges against Best Green Hedges director Sheldon Bestgreen and supervisor Steven Deans after conducting an investigation.
Bestgreen pleaded guilty to failing to ensure the company took all reasonable steps to comply with the province’s Occupational Health and Safety Act at the Manotick job site. The company was fined $45,000. Jennifer Chenier, Nicholas’ mother, previously said it was a slap in the face.
Deans was then charged by the Ottawa Police Service after police opened an investigation into the circumstances of the death.
Crown attorney Anne Fitzpatrick alleged in her opening submission on Monday that Deans, who had been working at Best Green Hedges for more than 10 years, showed a “reckless disregard” to Nicholas’ life by directing him to work in dangerous conditions, which violated Ontario workplace safety laws.
The Crown also alleged Deans did not note on Nicholas’ job sheet that day that there were power lines located close to the hedge he was trimming, even though he noted them in job sheets six different times prior.
Deans had a legal duty to take reasonable steps to prevent bodily harm to his employees, which he failed to do, Fitzpatrick said.
“There was no conceivable safe, permissible or legal manner by which Nick could trim the top of that hedge. By law, regulation, guidelines and well known and established practice, no unqualified person is to work inside what is called the limits of approach, which is the minimum safe distances to energize power lines,” Fitzpatrick told the court Monday.
Jennifer Chenier was the first witness
to be called to testify Monday.
She told the court she was home the morning of May 5, 2023 and was asked to drop off lunch to her son and his coworker that day.
Jennifer noted Nicholas came out to greet her, and told her the job was going to take all day. She then told the court he looked distraught, but she left to make her appointment because she “didn’t want to interfere.” That was the last time she saw him alive.
She later saw a Facebook post about a power outage in her neighbourhood. Shortly after, she saw another post that someone was hurt while trimming hedges and emergency crews were on the way.
Jennifer said she was later told by police that her son had died.
“So I just fell to the sidewalk, and I was screaming and crying,” Jennifer said tearfully while petting a Just Paws therapy dog.
Justice of the Peace John MacFarlane heard from a neighbour who tried to save Nicholas by performing CPR.
She also told the court about the chaotic scene that unfolded that day.
“There was a lot of crying. Most of the crew that had been working were quite distraught and were very sad. Everyone was sad and in shock. I spoke to every one of them. Gave them a little hug,” Crystal Presley said.
Det. Carissa Johnston of the OPS said she observed power lines that ran through the top of the hedge during her testimony on Monday afternoon.
The trial was adjourned for the day and will reconvene on Tuesday. It is scheduled to last three weeks.
— With files from Joanne Laucius and Blair Crawford
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