Algoma Steel will face trial in Sault Ste. Marie regarding the 2023 death of Damien Bryant, a 21-year-old contract worker from Sudbury. The proceedings will address three charges stemming from an incident that resulted in the young man's asphyxiation.
Six trial dates set for the Ontario Court of Justice case
The legal proceedings against Algoma Steel have transitioned from the Provincial Offences Court to the Ontario Court of Justice, according to the report.. The court has designated six specific dates for the trial: September 1, 2, 9, 10, 11, and October 27. While the company faces three distinct charges,these allegations have not yet been tested in a court of law.
The shift to the Ontario Court of Justice suggests a more formal judicial process for the charges laid on May 2, 2024 . These charges relate directly to the events of June 15, 2023, when Damien Bryant lost his life while performing work at the Algoma Steel plant.
The 36-inch coke oven gas main asphyxiation
The tragedy centered on a 36-inch coke oven gas main,a pipe designed to transport gas from the steel byproducts facility to the plate and strip hot mill. Under the Occupational Health and Safety Act (OHSA), this pipe is classified as a confined space. As reported, Damien Bryant asphyxiated after entering this main, leading to his death shortly after arriving at a hospital.
The work assigned to GFL Environmental Inc. was intended to be performed externally. The contract specified the use of a high-pressure flushing hose and a suction hose connected to a vacuum truck to remove sludge. Furthermore, any internal inspection of the 36-inch pipe was supposed to be conducted via a cable-mounted camera rather than human entry.
Algoma Steel's $2 million claim against GFL
Parallel to the criminal proceedings, Algoma Steel has launched a civil lawsuit seeking $2 million in damages from GFL Environmental Inc. The company alleges that GFL committed a breach of contract and acted with negligence regarding the death of Damien Bryant. Algoma Steel claims that GFL was explicitly advised that workers were not to enter the gas main under any circumstances.
In its court filings, Algoma Steel asserts that it exercised due diligence by hiring a competent contractor and that it maintained no direct supervision or control over the specialty cleaning work. The company argues that GFL represented itself as possessing the necessary skills and supervisory capacity to ensure the work was performed safely.
GFL's 2020 acquisition of Algoma Industrial Limited
The relationship between the two companies is rooted in a corporate merger. In 2020, GFL Infrastructure Group amallgamated with and acquired the assets, personnel, and equipment of Algoma Industrial Limited. Because Algoma Steel had routinely used Algoma Industrial Limited for similar cleaning tasks in the past, the report notes that GFL should have been intimately familiar with the site's health and safety procedures.
This historical connection is central to Algoma Steel's argument that GFL was well-aware of the hazards involved in cleaning the coke oven gas main. By absorbing a company that already served the plant, GFL inherited a legacy of operational knowledge that Algoma Steel claims was ignored on the day of the accident.
Why GFL has not filed a statement of defence
A significant gap in the current legal record is the silence of GFL Environmental Inc. in the civil matter. To date, GFL has not filed a statement of defence against the $2 million claim, meaning the allegations of negligence and breach of statutory duties remain uncontested in the civil filings.
Furthermore, the available information relies heavily on documents filed by Algoma Steel. It remains unclear if GFL disputes the claim that they were forbidden from entering the pipe, or if there were conflicting instructions given to the workers on the ground on June 15, 2023.
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