Condition of garage where man died 'absolutely unacceptable,' says expert

Testimony at the trial of the first Nova Scotiancharged under the so-called Westraylaw endedMonday with an expert witness sayingthe condition of the garage where the fatal accident happenedwas "absolutely unacceptable" from a safety standpoint.

David Gilesworked as an auto mechanic for 30 years. Hetold Justice JamesChipman that investigators from the provincial Labour Department asked him to examine ElieHoyeck'sbusiness right afterthefire atHoyeck'sYour Mechanic Auto Corner in September2013.

Hoyeckis charged with criminal negligence causing death over a minivanfire at his Cole Harbour, N.S., car business that killed employee PeterKempton.

Hoyeckhas pleaded not guilty and is being tried by judge alone in Nova Scotia Supreme Court in Halifax.

'No safe way to work'

"There is no safe way to work under that vehicle,"Gilessaid when asked about the conditions shown in the photos of the minivan.

He also said only about a quarter of the ceiling lights in the garage worked and he observednumerous trip hazards, fire hazards, electrical issues and safety issues.

"I've never seen a garage in this condition," he told the court.

The court heard Kempton was using an acetylene torch to remove the gas tank from a derelict minivan when the vehicle ignited.

Gilestestified Friday about deficiencies he saw in the way the minivan Kempton was working on was placed on a trailer.He said safety features were missing from the acetylene torchKemptonwas using.

Hoyeck'slawyer, Trevor McGuigan, cross-examinedGiles Monday afternoon.

Westraylaw holds business owners accountable

Once that cross-examination was complete, McGuigan said the defence wouldn'tcall anyevidence. The lawyers will submit written briefs and make final oral arguments next Monday.

Chipman said he hopes to deliver a verdict early in 2019.

TheWestraybill was introduced after the 1992 Westraymine disaster inPlymouth, N.S., that killed 26 miners. The Crown was unable to successfully prosecute mine managers under the existing legislation.

TheWestraybill amended the Criminal Code to make it easier for authorities to hold business owners responsible for deaths or injuries to employees hurt on the job.

The CBC's Blair Rhodes live bloggedfrom court Monday.