COURT BULLETIN
WORKPLACE FATALITY RESULTS IN $145,000 FINE FOR WATFORD COMPANY AND EXCAVATING
CONTRACTOR
June 02, 2026
Ministry of Labour, Immigration, Training and Skills DevelopmentConvicted: 1838107 Ontario Ltd., operating as Agro Acres, 7162 Lasalle Line,
Watford, Ontario, a farming corporation and constructor; and Nick De Jong, a
contractor operating as De Jong Excavating.
Location of Workplace: A construction project at 8123 Churchill Lane, Township
of Warwick, Ontario.
Description of Offence: Agro Acres failed, as an employer, to ensure that the
measures and procedures prescribed by section 104(3)of Ontario Regulation 213/91 were carried out, contrary to section 25(1)(c)of the Occupational Health and Safety Act. Additionally, Nick De Jong, as a
worker, failed to work in compliance with the Act and its regulations, contrary
to section 28(1)(a)of the Occupational Health and Safety Act.
Date of Offence: May 9, 2024
Date of Conviction: April 29, 2026
Penalty Imposed:
* Following guilty pleas in Sarnia Provincial Offences Court, 1838107 Ontario
Ltd., operating as Agro Acres, was fined $130,000 and Nick De Jong was fined
$15,000 by Justice of the Peace Daniel Peter Michael Byskal. Crown Counsel
was Patrick Travers.
* The court also imposed a 25 per cent victim fine surcharge as required by the
Provincial Offences Act. The surcharge is credited to a special provincial
government fund to assist victims of crime.
Background:
* On the day of the incident a worker was involved in tasks related to
demolition and construction around a barn while regular farm and mechanical
shop operations continued on site.
* Several workers and multiple pieces of heavy equipment were operating in
close proximity, with no clear separation between work activities.
* The worker had been directed to pick up steel rebar near where the front-end
loader was operating. The operator was reversing the loader at the same time
the worker moved toward its path of travel. The operator, who was looking
over their right shoulder, did not see the worker approaching from the left
side. This resulted in a fatal injury.
* A Ministry of Labour, Immigration, Training and Skills Development
investigation found that the operator’s view was obstructed and that no
signaller was used. The loader also had a missing or misaligned mirror.
* The investigation determined that Agro Acres failed to ensure that a
signaller was provided where required, and that Nick De Jong failed to ensure
he was assisted by a signaller while operating the equipment under those
conditions.
