A retrial against Enbridge Gas Distribution Inc. and its subcontractor begins Aug. 26 on charges in connection to a devastating 2003 explosion in a Six Points strip mall that killed seven people.
Both companies will appear at the Ontario Court of Appeal to face a hearing on charges laid by the Ministry of Labour, as well as by the Technical Standards and Safety Authority.Three companies were charged in the blast - which recorded the largest number of deaths ever in a pipeline incident in Canada - by the Technical Standards and Safety Authority as well as the Ontario Ministry of Labour.Warren Bitulithic Ltd. pleaded guilty in 2006 to damaging a natural gas pipeline and was fined $225,000 and also paid a $56,250 victim surcharge.The explosion on April 24, 2003 levelled three businesses in the strip mall - Grecian Hair Salon, The Elegant Cleaners and Milano's Pizza - and destroyed five apartments on Bloor Street West near Kipling Avenue. It also severely damaged a neighbouring home.Dora Carambelas, 60, Tina Kirkimtzis (nee Carambelas), 32, longtime resident Robert Fairley, 50, esthetician Irene Miyama, 52, as well as hair salon clients Adele Brown, 73, Elizabeth Roy, 74, and Lillian Guglietti, also known as Lillian Goulet, 73, were killed. Four people were injured.After 70 days of evidence at trial, charges were thrown out in 2007 on technical grounds against Enbridge and subcontractor Precision Utility Ltd. for failing to properly locate an underground natural gas pipeline, as well as health and safety charges.The trial judge threw out the labour ministry charges against Enbridge and Precision, saying they were not acting as employers of the workers involved in the blast.In April, Ontario's Superior Court of Justice, however, ruled the trial judge "erred in issuing a directed verdict," and has ordered a new trial.The trial judge also threw out Technical Standards and Safety Authority charges, ruling that Warren Bitulithic should not have proceeded to dig without proper paperwork confirming that all natural gas lines had been found and marked.None of the charges were criminal in nature.After the incident, Enbridge began installing excess flow valves on its system that shut off gas automatically when pipes are damaged.