R. V. Procon Mining And Tunnelling Ltd., 2013 YKTC 21

R. V. PROCON MINING AND TUNNELLING LTD., 2013 YKTC 21

This decision of the Territorial Court of Yukon resulted in a $150,000 fine being issued to the operator of a mine pursuant to the Yukon Occupational Health and Safety Act, R.S.Y. 2002, c. 159 (Act) following the death of an employee. The same fine, which was the maximum penalty available under the legislation, was also imposed on the mine owner pursuant to similar charges.

Procon Mining and Tunnelling Ltd. (Procon) operated Wolverine Mine, an underground polymetal mine owned by Yukon Zinc Corp. (Yukon Zinc). In April 2010, William Fisher, a Procon employee, was killed when approximately 70 tonnes of rock fell from a wall. The rock fall was the fourth fall in six months and Mr. Fisher was the second person killed at the mine in less than a year. Investigations conducted after the incident revealed that there was essentially no ground support plan in place, despite the fact that a 2007 feasibility study