N.S. man pleads guilty to workplace safety charges after mechanic's death

A former auto repair shop owner has pleaded guilty to workplace safety charges following the death of a mechanic six years ago in Westphal, N.S.

Elie Hoyeck rose in Halifax provincial court Tuesday and admitted his guilt to three charges under Nova Scotia Occupational Health and Safety Act.

"I fought for this for so long. I feel like this has consumed my life for six years,"said Shannon Kempton, daughter of the late Peter Kempton.

"So to see him say 'guilty,' was relief, joy, happiness. And at the same time, disappointment."

Peter Kempton was an auto mechanic who suffered fatal burns while attempting to remove the gas tank of a derelict minivan at Your Auto Mechanic Cornerin September 2013.

In January, Hoyeck was acquitted of criminal negligence causing death in a prosecution under the so-called Westray Law, a Criminal Code amendment aimed at making it easier to hold employers accountable for deaths or injuries in the workplace.

"I would have liked to have seen a guilty verdict in the criminal case," Shannon Kempton said. "But to finally hear him say that he's taking some responsibility, it was a relief for me."

Hoyeck's second trial was scheduled to begin this week, but he changed his plea late last week.

"It's always good when someone pleads guilty. This is obviously a very late guilty plea," said Alex Keaveny, a Crown lawyer for workplace safety with the Nova Scotia Public Prosecution Service.

"He at least spares the family and the witnesses from the hardship of having to go through another trial. We knew all along that the failures were very obvious. So it made sense that he would plead guilty."

Hoyeck admitted to three offences including operating an uncertified car lift with its safety mechanisms disabled, and failing to have an emergency response plan in place for working with hazardous materials.

Keaveny said the most serious plea involves failing to ensure the safety of his workers.

A witness at Hoyeck's previous trial described trying "two or three" fire extinguishers to put out the fire around Peter Kempton, but none of them worked.

Jail time not likely

Prosecutors and defence lawyers do not have a joint sentencing agreement.

The Crown saidit's unlikely Hoyeck would see jail time on a first offence.

But fines can range up to a maximum of $500,000, with a possibility for court-ordered safety education.

Hoyeck's sentencing hearing, which will includevictim impact statements from Kempton's daughters, is scheduled for Sept.24.

Shannon Kempton said she's eager to tell the court about how her father's loss has impacted her life.

"Still six years later, there's not a day that goes by that I don't think about Dad. There's still days that it's hard on me. He's always on my mind," she said.