Sentencing delayed in garbage truck death case

Friends and family of Ryan Durling had hoped to be reading their victim impact statements in court Wednesday, April 28 explaining how the young man's death inside a garbage truck three years ago had affected them.

But, new public health restrictions that have shut down the province made that impossible.

Durling, 21, was part of a crew that was collecting large household items in Port Williams, Kings County during the spring cleanup on May 10, 2018. He had gone into the truck through an access door to urinate, as workers were known to do while they were on garbage runs and a washroom wasn’t available.

A second worker was also hurt. The provincial Labour Department laid four charges against EFR Environmental and its parent company, RE Group, in August 2019.

EFR Disposal pleaded guilty in March to two charges under the Occupational Health and Safety Act in connection with the incident.

The company accepted responsibility for failing to ensure that an access door was fitted with interlocks that would have prevented it from opening while moving parts were in motion or that would have disconnected the power, causing the moving parts to stop immediately upon the door being opened. It also admitted to failing to have processes in place to detect the hazard during daily pre-trip inspections.

April 28, coincidentally, was the National Day of Mourning for workers killed on the job in Canada.

Crown attorney Alex Keaveny said the family understood the need for the delay. He said some of those who have filed victim impact statements want to read them in court.

“Obviously, hopes are high that we can be in person in a month's time, or two months' time,” he said. “That's why today's being adjourned.”

He said family members do want to participate in person, so are comfortable with the case being delayed.

“They realize that unfortunately, this is where we are as a province at the moment,” he said. “They were more concerned that it would continue and they wouldn't be able to participate. They were prepared to give their statements by video if that was the only option, but their preference was (to be there in person).”