A BC Supreme Court (BCSC) ruling has found J. Cote & Son Excavating Ltd. guilty of two counts of criminal negligence in a 13-year-old workplace incident that resulted in the trench death of pipelayer Jeffrey Caron, 28, and severe injury to fellow employee Thomas Richer when a retaining wall fell onto them.
The foreman Dave Green was also charged with criminal negligence and manslaughter but was acquitted of both charges.
After hearing the judge’s ruling in court on Dec. 11, Green was seen thanking his counsel and also crown lawyers, but left refusing any comment to the press.
The case focuses on an incident that occurred in October 2012 when a Burnaby city sewer project involving the digging of a trench caused a neighbouring wall to collapse while the two workers were in the excavated area.
In earlier testimony during the lengthy court hearing, which was spaced over parts of 2025, the court heard the retaining wall had been built more than 30 years earlier by the City of Burnaby following a neighbour’s 1977 complaint about his property sliding into the lane. Investigation after the death found the city had built the wall with no footings and no tie-backs.
Pipelayer Richer said he had warned Green the wall was not looking safe, however, maintained he was ignored. In the BCSC ruling, the judge ruled while Green made mistakes, they did not support the manslaughter or criminal negligence charges.
The judge maintained the company had an onus to ensure the wall was property supported and that those working in the area received proper training, both areas he found lacking which amounted to a disregard for worker safety.
“Supervisors must put worker safety first,” said presiding Justice Michael Brundrett.
While he exonerated Green on charges, he said companies assume liability for their supervisor’s actions.
Louisa Winn, lead prosecutor, said the crown is reserving comment on an appeal until there is the opportunity to review the judge’s full written reasons for judgment in relation to
Green.
The judgment is lengthy and only portions of a draft were read out in court. The full reasons for judgment are expected by mid-December.
On Jan. 7, 2026 the crown and defense will meet to determine a sentencing hearing date for the company.
Andrew Kidd, WorkSafeBC’s director of protection field services, attended the decision hearing but said his organization would also be reviewing the judgment.
“I am satisfied with the charges against the company,“ said Cheyanna Kamahkoostayo, sister of Caron, interviewed after the court decision was rendered. “The decision will save lives.”
Kamahkoostayo expressed disappointment with the company for its handling of her brother’s death. She said the company sent her brother home “in a coffin” and there was no expression of condolences from the company to the family.
“There was no acknowledgment of any kind.”
Kamahkoostayo said an emotional Green, who was testifying at the court hearing earlier that year, had approached her and expressed his remorse saying he was “so sorry your brother died.”
She said she felt there should have been more accountability for Green’s role.
“He had the chance to stop work,” she said.
It is only the third workplace case of its kind in B.C. where a construction company and personnel have been charged with criminal negligence. It is the first to have gone to a full trial, as one had entered a guilty plea and a second had the charges stayed.
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