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February 8, 2011  
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Companies guilty in three-year-old's death
Max fine no solace for girl's mother
By KEVIN MARTIN, QMI Agency

CALGARY - The "woefully inadequate" fines levied against two Calgary companies in the accidental death of a little girl is little solace for her grieving mother.

Mariana Krsek said Monday the $15,000 fines each company must pay is a drop in the bucket.

"What do you think? That's enough to pay for a $2-billion company," Krsek said after Flynn Canada Ltd. and Germain Residences Ltd. were each handed the maximum levies under Alberta's Safety Codes Act.

"I don't think that's reasonable for what they did -- $15,000 is not a reasonable price."

But Krsek admitted no punishment would adequately reflect the grief she and her family have suffered.

"You cannot pay a price for my daughter's life, that's what hurts me and my family," she said.

The companies, through their lawyers, pleaded guilty to violating the Alberta Building Code by poorly storing materials which caused a risk to people's safety.

A large steel deck sheet which wasn't properly secured on the roof of the Germain Building flew off on Aug. 1, 2009, striking and killing three-year-old Michelle Krsek on the ground below.

Prosecutor Chris Archer said there were a number of aggravating factors which warranted the maximum punishment allowed under the provincial legislation.

Archer noted the material was left improperly secured on the rooftop for nearly a week before the tragic death.

"A substantial period of time passed when nothing, in our view, was done to ensure the site was secure," he said.

A stack of steel sheets had been pinned with seven metal screws, four of which didn't pierce the roof deck below causing them to come loose in strong winds.

Germain lawyer Alex Kotkas said the company prides itself on its safety record and blamed the tragedy on a freak occurrence.

"This tragedy occurred during a sudden and violent wind storm," Kotkas said.

"That same wind storm cause a stage to collapse at the Big Valley Jamboree, killing a woman."

In accepting a joint recommendation for the maximum fine, provincial court Judge Gerry Meagher noted he had no power to review the adequacy of the harshest punishment available.

"The penalty provisions for this particular offence are insignificant and woefully inadequate," Meagher said.

Each company must also pay a victim fine surcharge of $2,250.

kevin.martin@sunmedia.ca




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