Halifax, Nova Scotia — Former auto repair shop owner Elie Hoyeck has been fined $27,250 by Nova Scotia’s provincial court.
Hoyeck, owner of the now-shuttered Your Mechanic Auto Centre was investigated following the death of a mechanic nearly seven years ago.
The Crown had proposed a $70,000 fine in February, while the defence recommended $6,000.
Judge Elizbeth Buckle said the penalty “has to cause some pain in order to bring home the gravity of the offence, but it must not be crushing,” stating that “what would be a minor penalty to a large, lucrative business would be oppressive to an individual or small business.”
In September 2013, Peter Kempton suffered fatal burns while attempting to use an acetylene torch to remove a gas tank for a minivan.
Hoyeck pled guilty to three violations of Nova Scotia’s Occupational Health and Safety Act last September, where he admitted to the following: failing to ensure the safety of his workers, operating an uncertified car lift with safety mechanisms disabled and failing to have emergency response plans in place when working with hazardous materials.
Judge Buckle said Hoyeck’s conduct was not the direct or immediate cause of Kempton’s death, but Hoyeck’s numerous safety violations proved he had a “reckless disregard” or “deliberate indifference” to safety.
“This case is a reminder that employers can’t assume that employees, no matter how experienced, will always make safe choices in the workplace,” said Buckle. “But they may be more likely to if they’re reminded through regular training, and if their employers demonstrate attention to safety.”
Of the $27,250 that Hoyeck is ordered to pay, $10,000 will go toward a donation for Threads of Life, which supports families of people who have suffered workplace fatalities or injuries.
