Court Upholds Judge’s Departure from Agreed on Sentence for OHS Offence

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A company was charged with failing to provide its contractor with a list of all designated substances on a property to be demolished. It pleaded guilty and the company and the Crown agreed on a $40,000 fine as its sentence. But the judge imposed a $30,000 fine instead. On appeal, the court upheld the judge’s sentence as fit. The amount of fines are in a judge’s discretion and entitled to deference. Here, it was clear that the judge had considered the seriousness of the charges as well as the aggravating and mitigating factors before imposing the reduced fine [R. v. Lebovic Enterprises Ltd., [2010] O.J. No. 5731, Dec. 20, 2010].