°µÍø½ûÇø

Closing submissions for the J. Cote & Son Excavating and then-foreman David John Green trial stemming from the trench death of an employee will be carried out Tuesday and Wednesday (Sept. 23 and 24) in Vancouver’s B.C. Supreme Court after a lengthy tprocess that started Jan. 20.

J. Cote & Son Excavating Ltd. and Green have been charged with criminal negligence resulting in the death of pipelayer Jeffrey Caron and criminal negligence resulting in injury to another pipelayer Thomas Richer. Green is also facing manslaughter charges.

Lead crown prosecutor Louisa Winn, K.C., said the closing oral submissions are expected to be made over two days to address all the charges. 

The defense arguments are expected to take place first with the crown’s submission on Wednesday. Once the submissions are made, the presiding judge will hand down a ruling and present written reasons for judgment.

The case focuses on an incident that occurred 13 years ago when a Burnaby city sewer project trench wall collapsed while two workers were in the trench. 

It is only the third workplace case of its kind in B.C. where a construction company and personnel have been charged with criminal negligence and the former foreman is also facing manslaughter charges under the 2004 Westray Law amendment of the Criminal Code of Canada.