WARWICK, ONT. – Farming corporation and constructor 1838107 Ontario Ltd., operating as Agro Acres, and Nick De Jong, a contractor operating as De Jong Excavating, have been fined a total of $145,000 after a worker was killed in a 2024 loader incident.
According to an Ontario court bulletin, on May 9, 2024, a worker was involved in tasks related to demolition and construction around a barn while regular farm and mechanical shop operations continued onsite. Â
Several workers and multiple pieces of heavy equipment were operating in close proximity, with no clear separation between work activities. Â
The worker had been directed to pick up steel rebar near where a front-end loader was operating.
The operator was reversing the loader at the same time the worker moved toward its path of travel. The bulletin states the operator, who was looking over their right shoulder, did not see the worker approaching from the left side, resulting in a fatal injury.Â
A Ministry of Labour, Immigration, Training and Skills Development investigation found the operator’s view was obstructed and that no signaller was used. The loader also had a missing or misaligned mirror.
The investigation determined Agro Acres failed to ensure 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.
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 on April 29, 2026.
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